CONFIDENTIAL
133135
MDHIAN 09
THE MANDATORY SENTENCE OF LIFE IMPRISONMENT FOR MURDER WOULD SERVE TO MARK PUBLICLY AND UNEQUIVOCALLY THE UNIQUE NATURE AND SERIOUSNESS OF THE CRIME. IT WOULD PROTECT THE PUBLIC BY PROVIDING A STRONG DETERRENT TO POTENTIAL KILLERS AND BY ENSURING THAT THOSE WHO HAVE NEVERTHELESS COMMITTED MURDER ARE PUNISHED EFFECTIVELY AND PREVENTED BY IMPRISONMENT FROM RE-OFFENDING.
REPLACEMENT OF CAPITAL PUNISHMENT BY THE DISCRETIONARY LIFE SENTENCE IS A LESSER MEASURE WHICH WOULD ALLOW FOR ANY PENALTY FROM AN ABSOLUTE DISCHARGE UPWARDS TO BE GIVEN FOR THE CRIME OF MURDER. THIS IS THE OPTION FAVOURED BY THE JUDICIARY IN ENGLAND AND WALES ALTHOUGH IT IS NOT THE ONE CURRENTLY IN FORCE THERE. THE LORD CHIEF JUSTICE HAS ARGUED THAT MURDER WHILE BEING A VERY SERIOUS OFFENCE WITH TRAGIC CONSEQUENCES IS ONE OF VARYING DEGREES. AT ONE END OF THE SCALE IS THE ROBBER, RAPIST MURDERER OR THE PROFESSIONAL KILLER AND AT THE OTHER END OF THE SCALE IS THE DISTRAUGHT HUSBAND WHO BRINGS HIS CANCER-RIDDEN WIFE'S LIFE TO AN END IN ORDER TO PUT HER OUT OF HER MISERY. HOWEVER, WE CONSIDER THAT ALLOWING SUCH DISCRETION IN HONG KONG WOULD CERTAINLY REDUCE THE DETERRENT EFFECT AND HENCE THE LEVEL OF PROTECTION FOR THE PUBLIC, AS WELL AS UNDERMINING PUBLIC CONFIDENCE IN THE ABILITY OF THE CRIMINAL JUSTICE SYSTEM TO DEAL WITH THIS PARTICULAR CASE.
SINCE OPTIONS OTHER THAN MANDATORY LIFE IMPRISONMENT ARE LESS SEVERE, THEY WOULD NOT BE WELL ACCEPTED BY THE MAJORITY OF THE GENERAL PUBLIC, WHO REMAIN IN FAVOUR OF CAPITAL PUNISHMENT FOR MURDER IN PARTICULAR. OUR RECOMMENDATION THEREFORE IS THAT NONE OF THESE OPTIONS WOULD BE APPROPRIATE FOR HONG KONG, ESPECIALLY AT THIS TIME OF WIDESPREAD CONCERN ABOUT LAW AND ORDER IN GENERAL
AND VIOLENT CRIME IN PARTICULAR. WE THEREFORE CONCLUDE THAT THE MANDATORY SENTENCE OF LIFE IMPRISONMENT SHOULD BE IMPOSED FOR MURDER TO MARK THE HEINOUS AND FINAL NATURE OF THIS CRIME.'
5. WE WOULD BE GRATEFUL TO RECEIVE YOUR ADVICE AND COMMENTS ON THE ABOVE, AND ON PARAS 2 AND 3 IN PARTICULAR, AS SOON AS POSSIBLE, PREFERABLY BY 9 AM CHONG KONG TIME) ON TUESDAY 25 FEBRUARY 1992.
WILSON
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CONFIDENTIAL
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