CONFIDENTIAL
THIS DOCUMENT IS THE PROPERTY OF HER BRITANNIC MAJESTY'S GOVERNMENT
PMV (HK) (74) 8
COPY NO 57
14 December 1973
PRIME MINISTER'S VISIT TO HONG KONG
12th-14th JANUARY, 1974
THE DEATH PENALTY
Brief by Foreign and Commonwealth Office
1. The death penalty still exists in Hong Kong. We have
twice recently asked the Governor to consider with his advisers the possibility of abolishing it. On both occasions he reported that Hong Kong wished to retain the death penalty.
This advice
is certainly supported by the vast majority of the Chinese
population.
2.
Under the Letters Patent and Royal Instructions of Hong Kong the prerogative of mercy is vested in the Governor, who must first take, but does not have to follow, the advice of Executive Council. There is a residual prerogative of mercy in the Crown, since The Queen cannot empty herself of Her prerogative. this residual power has not generally been used; and the Governors of dependent territories have been assured that it would not be used' except in exceptional circumstances, such as a clear
miscarriage of justice.
But
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