TNAG-2485-FCO40-3616-Capital-punishment-in-Hong-Kong-1992 — Page 37

CONFIDENTIAL

XCC(92)47

(g) the Prison (Amendment) Rules 1992, set out at Enclosure II to the Annex should be approved in principle, to be referred back to Members to be made after the Bill has passed into law;

(h)

(i)

the Resolution at Enclosure III to the Annex, made under the Legal Aid in Criminal Cases (Amendment) Rules 1992 set out at Enclosure IV to the Annex, be introduced into the Legislative Council after the Bill has passed into law and the Legal Aid in Criminal Cases (Amendment) Rules 1992 have been made by the Chief Justice; and

all death sentences standing at the time when the Bill is passed into law be commuted to sentences of life imprisonment.

Murder, Treason and Piracy with Violence: Situation in England and Wales

3

We have sought clarification of the present situation in England and Wales with respect to murder, treason and piracy with violence. The situation is set out in the following paragraphs.

4

-

Murder the mandatory penalty in England and Wales is life. imprisonment, but, with the rider that the court may recommend the minimum period to be served prior to consideration being given to release of the person sentenced, and/or record any factors that the court thinks should be taken into account as and when the sentence is reviewed in later years. (paragraph 8 of memorandum XCC(92)15 at Annex)

5

Treason and piracy with violence - the question of the penalty for the crimes of treason and piracy with violence was not addressed when the death penalty for murder was abolished in the United Kingdom in 1966. The priority at the time was to deal with the penalty for murder; it was decided not to complicate matters by including also consideration of the penalties for treason and piracy with violence, which posed no immediate problems since prosecutions for these offences are extremely rare.

Executive Council