HL Deb 29 November 1990 vol 523 cc1067-8

3.34 p.m.

Lord Hylton asked Her Majesty's Government:

Whether they will take the necessary steps to abolish the death penalty for serious offences in Hong Kong, and if not why not.

The Minister of State, Foreign and Commonwealth Office (The Earl of Caithness)

My Lords, no. There are no plans to change the present situation.

Lord Hylton

My Lords, is the Minister aware that since 1966 there has not been one single execution in Hong Kong and that 125 reprieved murderers are now serving life imprisonment with a further 40 awaiting commutation? At the same time, on the mainland of China hundreds of people a year are executed not only for murder but also for political and economic crimes. Would it not therefore be much more satisfactory to abolish the penalty in Hong Kong?

The Earl of Caithness

My Lords, the noble Lord is right to say that there have been no executions in the territory for 24 years. However, as I am sure he is aware, there is a very high degree of autonomy not only for the present government but for the future government of Hong Kong under the Joint Declaration. We believe that it is most important that such an issue should be resolved within the territory rather than that resolution be imposed from outside.

Lord Cledwyn of Penrhos

My Lords, is it not the case that the Legislative Council of Hong Kong has the power to abolish the death penalty in Hong Kong by way of Order in Council? Would Her Majesty's Government not advise the Legislative Council that they would support such action?

The Earl of Caithness

My Lords, there does not seem to be a majority in favour of such action in LegCo at the moment. The present situation has worked satisfactorily. However, in view of the unique position of Hong Kong we believe that those matters are best resolved within Hong Kong.

Lord Cledwyn of Penrhos

My Lords, the noble Earl says that there does not seem to be a majority. On what grounds does he say that? Is it quite clear to the Government that there is no majority? My understanding is that a large number of people would be very glad to see the death penalty abolished in Hong Kong.

The Earl of Caithness

My Lords, a recent opinion poll published on 13th November showed that 71 per cent. of people in Hong Kong were in favour of retaining the death penalty for convicted murderers. That is slightly higher than the last survey in 1986. So far as concerns LegCo, in a recent poll only 17 members out of a total of 58 said that they favoured abolition.

Lord MacLehose of Beoch

My Lords, as the noble Earl said, is this not essentially a Hong Kong matter?

Abolition is a matter for the Legislative Council. It can be achieved at any time there is a majority for it. Surely we should leave that issue to the Legislative Council. The present policy of the Secretary of State which results in automatic commutation has continued for 16 years or more. If there is a strong feeling among a majority of the executive and legislative councillors that it should be changed, presumably they would say so. Meanwhile, should we not leave the matter to them?

The Earl of Caithness

My Lords, with his vast knowledge of Hong Kong the noble Lord says some very wise words.

Lord Renton

My Lords, who exercises the prerogative of mercy at present? Who would exercise it or advise upon it under the proposed new constitution?

The Earl of Caithness

My Lords, before answering that question perhaps I may say that I know that my noble friend will take enormous pride in having represented Huntingdon from 1945 to 1979 and that the judicious timing with which he saw fit to resign his seat has been to the enormous benefit of this party and the country.

To answer my noble friend, the present situation has obtained for 24 years and the matter is in the hands of the Governor.

Lord Cledwyn of Penrhos

My Lords, if there is, as the noble Earl said, a strong feeling in favour of the death penalty in Hong Kong, why has there been no protest against commutation over the past 16 years?

The Earl of Caithness

My Lords, I am afraid that I am unable to answer that question.

The Earl of Longford

My Lords, the noble Earl made reference to Huntingdon and elections. He may be aware that the noble Lord sitting beside me twice defeated the present Prime Minister in parliamentary elections.

Lord Hylton

My Lords, does the noble Earl agree that the Hong Kong Bill of Rights of this year is defective in Article 2, which states that the death penalty may be imposed for the most serious crimes and that commutation may be granted in all cases? Is it not far too permissive?

The Earl of Caithness

My Lords, that is entirely a matter for Hong Kong.