TNAG-2496-FCO40-3632-Relations-between-Hong-Kong-and-Macao-(Macau)-1992 — Page 194

Ms Brooks FED

010/3

НСС ого

(3

Reference.

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MACAO BASIC LAW: DEATH PENALTY

CM

Specifically to prohibit peralty

death

M

1.

We spoke. The draft Basic Law for the Macao SAR, published on 13 July 1991, does not contain any direct reference to the death penalty. Article 29 states that "Macao residents will not be subjected to criminal punishment unless their act has been clearly defined as criminal by law", and Article 41 states that: "Macao residents will enjoy other rights and freedoms safeguarded by the laws of the Macao SAR". But neither of these articles preclude use of the death penalty (if re-introduced in Macao); nor does Article 8 "The laws, decrees, administrative regulations and other standard documents previously in force in Macao shall be maintained, except for any that contravene this law and subject to any amendment by the legislature or relevant bodies of the Macao SAR in accordance with legal provisions". Our Embassy in Peking reported that before the release of this draft text, the Portuguese Embassy had made a demarche to the Ministry of Foreign Affairs on a number of points including the lack of reference to the absence of a death penalty. This was by no means the first time that the Portuguese had made such a point to the Chinese. When the Chinese Foreign Minister Qian Qichen visited Portugal in February 1991, he was told that the Portuguese wished to ensure that the non-application of the death penalty would feature in the Basic Law; as the first country to abolish the death penalty this was a matter of some concern to them (Lisbon telno 107 to FCO of 25 February 1991).

2.

The question was again raised during Premier Li Peng's visit to Portugal this month. According to a Portuguese radio report

(SWB FE 1297 A1/3) the question of whether the death penalty will be introduced in Macao in 1997 when China resumes sovereignty remains open, furthermore the Chinese had carried out an opinion poll on the subject: "A public opinion poll has been carried out in Macao. Fifty per cent are against the abolition of the law on the death penalty. The other 50% agree with keeping er

no 50%

are against the abolition and 50% in favour. the question of the death penalty is still open to discussion at the committee drafting the basic legal charter."

3.

So far

This is all rather confusing. The draft Basic Law does not contain any reference to the death penalty. The Portuguese clearly wish it to and have argued with the Chinese that it should. the Chinese have been unmoved (although they have in some other respects been more generous in the Macao Basic Law than they were with the Hong Kong Basic Law).

CODE RAD

RF Wye

Far East`` Section

Research & Analysis Dept

OAB 2/125 210 6219/6216

18 February 1992

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