TNAG-2696-FCO40-3902-Hong-Kong-crime-1993 — Page 41

Forecision on

2 March 1993

CONFIDENTIAL

HKA 380/1 RECE"

DESK IX

L8 MAR 1993

PA

STRY

REGISTRY Adion Taken

XCC(93)25

Copy No. 31

MEMORANDUM FOR EXECUTIVE COUNCIL

Crimes Ordinance (Chapter 200)

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Mr Mom! Morris

To see to on

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CRIMES (AMENDMENT) BILL 1992

ABOLITION OF CAPITAL PUNISHMENT

THE PROBLEM

gal

The Bills Committee of the Legislative Council set up to consider the Crimes (Amendment) Bill 1992 to abolish capital punishment, has reached a majority view that a discretionary, rather than a mandatory, life sentence should be the penalty for treason and piracy with violence. This does not accord with Member's earlier decision when memorandum XCC(92)160 was considered on 20 October 1992.

4/3.

X

RECOMMENDATION AND ADVICE SOUGHT

It is recommended that -

2

(a)

(b)

the Council should review its earlier decision and agree to the Legislative Council Bills Committee's proposal to make a discretionary life sentence the penalty for treason and piracy with violence; and

the Administration should move in the Legislative Council a Committee Stage amendment to the Crimes (Amendment) Bill 1992 to reflect the change.

Members will be asked whether this recommendation should be

3

approved.

Executive Council