TNAG-2485-FCO40-3616-Capital-punishment-in-Hong-Kong-1992 — Page 80

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 507

OF 201032Z FEBRUARY 92

CONFIDENTIAL

A

133135

MDHIAN 3809

YRTELNO 2169: ABOLITION OF CAPITAL PUNISHMENT

1. ON 18 FEBRUARY 1992 WE PUT TO EXCO THE PROPOSALS WHICH WERE SET OUT IN PARA 2 OF OUR TELNO 3771, NAMELY TO:

(I) ABOLISH CAPITAL PUNISHMENT AS THE SENTENCE FOR ANY OFFENCE.

(II) MAKE LIFE IMPRISONMENT THE MANDATORY SENTENCE FOR MURDER:

AND

(III) MAKE LIFE IMPRISONMENT THE MAXIMUM SENTENCE THAT MAY BE IMPOSED AT THE DISCRETION OF THE COURT FOR TREASON, PIRACY WITH VIOLENCE AND FOR OFFENCES UNDER THE EMERGENCY REGULATIONS.

2. IT WAS DECIDED THAT BEFORE A FINAL DECISION WAS MADE, WE SHOULD CONSIDER THE ALTERNATIVE OF SIMPLY REPLACING CAPITAL PUNISHMENT BY MANDATORY LIFE IMPRISONMENT AS THE PUNISHMENT FOR

ALL THREE OFFENCES.

3. WE WERE ALSO ASKED TO SEEK FURTHER INFORMATION ON THE CURRENT POSITION IN ENGLAND AND WALES FOR THE OFFENCES OF TREASON AND PIRACY WITH VIOLENCE, AND ON WHY THE DEATH PENALTY HAS BEEN RETAINED FOR THESE OFFENCES.

4. IN PRESENTING OUR CASE TO EXCO FOR DISTINGUISHING BETWEEN

MURDER ON THE ONE HAND AND TREASON AND PIRACY WITH VIOLENCE ON

THE OTHER WE HAD ARGUED THAT:

'..THE DISCRETIONARY SENTENCE OF LIFE SENTENCE (WAS APPROPRIATE)

FOR ALL OF THE OFFENCES EXCEPT MURDER BECAUSE OF THE DEGREE OF

OFFENCE CAN VARY WIDELY IN EACH CASE AND HENCE THE COURT SHOULD

HAVE THE DISCRETION TO IMPOSE A LESSER SENTENCE.

'..A MANDATORY SENTENCE OF LIFE IMPRISONMENT, SHOULD BE IMPOSED FOR THE CRIME OF MURDER. THE INTENTIONAL TAKING OF ANOTHER

PERSON'S LIFE IS A CRIME WHERE THERE CAN NEVER BE ANY POSSIBILITY

OF THE VICTIM RECOVERING OR RECEIVING REDRESS OR COMPENSATION.

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CONFIDENTIAL