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FM FCO
TO DESKBY 27010OZ HONG KONG
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OF 261416Z FEBRUARY 92
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INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
YOUR TEL NO 507: ABOLITION OF CAPITAL PUNISHMENT
1. THANK YOU FOR TUR AND FOR THE COPY OF THE EXCO MEMORANDUM. WE THINK THE PROPOSALS IN PARA 1 OF TUR OFFER THE MOST SENSIBLE WAY FORWARD. WE WOULD NOT BE IN FAVOUR OF MANDATORY LIFE SENTENCES FOR TREASON OR FOR PIRACY (PARA 2 OF TUR). WE AGREE WITH YOU THAT IN THE CIRCUMSTANCES OF HONG KONG IT WOULD BE APPROPRIATE TO DRAW A DISTINCTION BETWEEN MURDER AND OTHER CRIMES.
2. THE NOTION OF TREASON POSES PARTICULAR PROBLEMS, GIVEN THE DIFFERENT WAYS WE AND THE CHINESE LOOK AT IT. IDEALLY WE SHOULD HAVE LIKED TO SEE TREASON REMOVED FROM THE HONG KONG STATUTE BOOK ALTOGETHER BEFORE 1997. BUT, AS YOU POINT OUT IN THE EX CO MEMORANDUM, THE CHINESE ARE LIKELY TO BE UNHAPPY ABOUT ABOLISHING CAPITAL PUNISHMENT ANYWAY, AND WOULD BE PARTICULARLY EXERCISED BY ANY SUGGESTION THAT THE CRIME OF TREASON SHOULD BE ABOLISHED. SINCE OUR PRIME INTEREST IS TO SEE THE DEATH PENALTY ABOLISHED IN HONG KONG, IT WOULD PROBABLY BE BEST NOT TO COMPLICATE THINGS. IN THE PAST CHINESE REACTION TO INFORMAL MENTION OF THE CAPITAL PUNISHMENT ISSUE BY UKREP JLG WAS RELAXED. BUT THEY COULD EASILY BE STIRRED TO ANGER IF THEY THOUGHT THE ISSUE OF TREASON WAS BEING DEALT WITH, WITH 1997 TOO OBVIOUSLY IN MIND.
3. THE CURRENT POSITION IN ENGLAND AND WALES RELATING TO OFFENCES OF TREASON AND PIRACY WITH VIOLENCE IS NOT A VERY SATISFACTORY MODEL. AS YOU KNOW, BOTH OFFENCES STILL FORMALLY ATTRACT THE DEATH PENALTY, BUT NO EXECUTION HAS TAKEN PLACE IN BRITAIN SINCE 1964, AND THE LAST EXECUTION FOR PIRACY WAS IN 1830.
4.
THE HOUSE OF COMMONS DEBATED THE ABOLITION OF THE DEATH
PENALTY FOR TREASON AND PIRACY IN DECEMBER 1990. THERE WAS CONSIDERABLE FEELING, SHARED BY THE HOME SECRETARY, THAT THE DEATH PENALTY FOR PIRACY SHOULD BE ABOLISHED. THE ARGUMENT AGAINST ABOLISHING THE DEATH PENALTY FOR TREASON WAS THAT THE WHOLE QUESTION OF TREASON WAS UNDER CONSIDERATION BY THE LAW COMMISSION, INCLUDING A PROPOSAL THAT THE OFFENCE OF TREASON
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