TNAG-2485-FCO40-3616-Capital-punishment-in-Hong-Kong-1992 — Page 42

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

Annex

For decision on

18 February 1992

XCC(92)15 Copy No. ≫

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

Capital punishment is currently the mandatory penalty for murder, treason and piracy with violence. The death penalty may also be imposed by the Governor-in-Council under the Emergency Regulations Ordinance.

2

On 26 June 1991, the Legislative Council voted in favour of the introduction of legislative measures to abolish the death penalty and replace it with life imprisonment. More recently on 15 November 1991, the Legislative Council In-house meeting voted 30-7 in favour of abolition. Amendments to legislation are therefore required to repeal the death penalty for the above mentioned offences and to remove references to the death penalty in other legislation.

Executive Council

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