TNAG-2485-FCO40-3616-Capital-punishment-in-Hong-Kong-1992 — Page 35

For decision on

17 March 1992

CONFIDENTIAL

pa_ Cap Pun

HA 13 380/1

Pass TentexCC(92)47

giss

Copy No. 33

MEMORANDUM FOR EXECUTIVE COUNCIL

ABOLITION OF CAPITAL PUNISHMENT

Crimes Ordinance (Chapter 200)

CRIMES (AMENDMENT) BILL 1992

Prison Ordinance (Chapter 234)

PRISON (AMENDMENT) RULES 1992

Criminal Procedure Ordinance (Chapter 221)

RESOLUTION OF THE LEGISLATIVE COUNCIL UNDER SECTION 9A

LEGAL AID IN CRIMINAL CASES (AMENDMENT) RULES 1992

THE PROBLEM

On 18 February 1992, following consideration of memorandum XCR(91)223 on the abolition of capital punishment, (a copy of which is at the Annex), the Council ADVISED and the Governor ORDERED that a further submission should be made examining -

(a)

(b)

the proposition that the current mandatory penalty for murder, treason and piracy with violence, of capital punishment should be replaced by a mandatory sentence of life imprisonment. Reference should be made to the current situation in England and Wales; and

how best to ensure that trial judges hearing such cases provide written reports on the cases to the Board of Review, Long Term Prison Sentences and indicate what in their view should be the appropriate term of imprisonment to be served in connection with any sentence of life imprisonment. The method by which such life sentences would be reviewed subsequently, should also be outlined.

Executive Council