TNAG-2485-FCO40-3616-Capital-punishment-in-Hong-Kong-1992 — Page 79

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

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(CONT)

Classification.

CONFIDENTIAL

Caveat

Precedence

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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

should only be applicable during the existence of a state of

The Home Secretary suggested that what was needed was a

complete review of the law relating to treason, rather than

piecemeal cosmetic adjustments. But this review has to take its

place amongst the Law Commission's other priorities. The

war.

situation on treason and piracy in the UK does not, therefore,

provide a useful precedent.

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HONG KONG AGREEMENT

(RESTRICTED)

1

For distribution order see Pado

Catchword:

YFB7:C637C

Printed in the UK for HMSO 6/89 DdFC01077 C1000 27081

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