TNAG-2696-FCO40-3902-Hong-Kong-crime-1993 — Page 3

CONFIDENTIAL

XCC(92)160

A

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Members will be asked to advise whether this recommendation should be approved.

BACKGROUND AND ARGUMENT

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On 19 May 1992, following consideration of memorandum XCC(92)96 on the abolition of capital punishment (a copy of which is at Annex A), the Council ADVISED and the Governor. ORDERED that the legislative amendments to abolish capital punishment should not be pursued for the time being. A majority of Members felt that to introduce the Bill into the Legislative Council at that point in time, given current public concern over law and order, would be insensitive and would send the wrong message to criminal elements. However some considered that there was no point in delaying, since the Council had already decided in principle to abolish capital punishment.

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This position has since been reviewed by the Governor who made the following points in his address to the Legislative Council on 7 October -

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(a)

(b)

(c)

(d)

any society based on the rule of law must ensure that its laws reflect the realities of contemporary life and thought;

it is wrong in principle to leave laws on the Statute Book which are out of date, which are not used and which there is no intention of using;

on 26 June 1991, the Legislative Council voted in favour of the abolition of capital punishment; and

therefore the penalty of capital punishment should be replaced by life imprisonment.

The Governor went on to give a commitment to presenting the necessary amending legislation to the Legislative Council during the current

session.