TNAG-2485-FCO40-3616-Capital-punishment-in-Hong-Kong-1992 — Page 43

CONFIDENTIAL

XCC(92)15

RECOMMENDATION AND ADVICE SOUGHT

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CYD

A

B

C

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D

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(a)

(b)

(c)

(d)

It is recommended that -

the Crimes (Amendment) Bill 1992 as set out at Annex A be introduced into the Legislative Council;

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

the Resolution at Annex C made under the Legal Aid in Criminal Cases (Amendment) Rules 1992 set out at Annex D 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.

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Members will be asked to advise whether this recommendation should be approved.

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These amendments will have the effect of -

(a) abolishing capital punishment as the sentence for any

(b)

(c)

offence;

making life imprisonment the mandatory sentence for murder; and

making life imprisonment the maximum sentence that may be imposed at the discretion of the court for treason, piracy with violence and by the Governor-in- Council for offences under the Emergency Regulations.