TNAG-2773-FCO40-3990-Capital-punishment-in-Hong-Kong-1993 — Page 2

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 252

OF 180454Z FEBRUARY 93

CONFIDENTIAL

HKB 380/1

RECEIVED IN REGISTRY

29 MAR 1993

DFSK OFFICER

INDEX

INFO ROUTINE PEKING, UKREP JLG HONG KONG

ABOLITION OF CAPITAL PUNISHMENT

SUMMARY

1.

REGISTRY

PA Action Taken

TOP COPY Q DIST?

LAST:

Cap Pun

173376

MDLIAN 5050

THE LEGCO BILLS COMMITTEE SET UP TO CONSIDER THE CRIMES (AMENDMENT) BILL 1992 TO ABOLISH CAPITAL PUNISHMENT, FAVOURS A DISCRETIONARY LIFE SENTENCE FOR THE OFFENCES OF TREASON AND PIRACY WITH VIOLENCE. THIS DOES NOT ACCORD WITH EXCO'S EARLIER DECISION AND WE ARE NOW REVERTING TO EXCO.

DETAIL

2. WE CONSULTED EXCO LAST OCTOBER ON OUR PROPOSAL TO ABOLISH CAPITAL PUNISHMENT. EXCO APPROVED THE PROPOSAL TO ABOLISH CAPITAL PUNISHMENT BUT, HAVING REGARD TO CHINESE SENSITIVITIES, DECIDED THAT LIFE IMPRISONMENT SHOULD BE THE MANDATORY SENTENCE

FOR MURDER AS WELL AS TREASON AND PIRACY WITH VIOLENCE.

3. THE CRIMES (AMENDMENT) BILL 1992 WAS INTRODUCED INTO LEGCO ON

11 NOVEMBER 1992 AND IS NOW AT THE COMMITTEE STAGE. THE BILLS COMMITTEE SET UP TO CONSIDER THE BILL HAS REACHED A MAJORITY VIEW THAT THE CRIMES OF TREASON AND PIRACY ARE DIFFERENT IN NATURE FROM MURDER, AND THE APPROPRIATE PENALTY SHOULD BE A DISCRETIONARY, RATHER THAN A MANDATORY, LIFE SENTENCE. OUR ORIGINAL PROPOSAL TO EXCO.

THIS WAS

4. THE BILLS COMMITTEE HAS ASKED THE ADMINISTRATION TO AGREE TO

THE CHANGES IT PROPOSES BECAUSE IT WISHES TO SEEK CONSENSUS. IT FEELS THAT PUBLIC OPINION IS STILL DIVIDED ON THE QUESTION OF CAPITAL PUNISHMENT AND THE BILL WOULD GAIN GREATER SUPPORT IN LEGCO IF THE ADMINISTRATION WERE TO INITIATE THE NECESSARY

COMMITTEE STAGE AMENDMENT. WE INTEND TO CONSULT EXCO ON 2 MARCH.

5. WE WILL RECOMMEND THAT EXCO REVIEW ITS EARLIER DECISION AND AGREE TO THE LEGCO BILLS COMMITTEE'S PROPOSAL. WE WILL ALSO RECOMMEND THAT THE COMMITTEE STAGE AMENDMENT TO REFLECT THE CHANGE SHOULD BE MOVED BY THE ADMINISTRATION. THIS WOULD HELP AVOID A DEBATE IN LEGCO ON THE PROPOSED AMENDMENT, WHICH WOULD

1

PAGE

CONFIDENTIAL

0