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Flag A.
divide into a pro-communist and anti-communist group. The
Governor's task would become more difficult.
6. We concluded with the Governor that there was no scope for
constitutional changes at the moment. He hopes to confirm that
this is also the Secretary of State's view.
THE DEATH PENALTY
7. We have already agreed that the Governor must either be
assured of our support if he decides to let the law take its
course, or we must amend the law by Order in Council in the UK.
We have agreed (see brief) on the procedure by which this choice
can be presented to Ministers in individual cases. The Governor
wishes, however, to discuss with the Secretary of State the
implications of a decision in an individual case to let the law
take its course. He considers that such a decision would have
to be maintained for, say, 2 years, if an impossible situation
was to be avoided. This means that if an execution took place,
he would need to be sure that thereafter for some time the law
would not be changed, either in the context of that particular
case, or of a subsequent one, if it arose within the period.
This would involve a reaffirmation of the policy of non-
interference in the Governor's decision that was followed before
the Tsoi case.
8.
The Governor appreciates the political difficulty of giving
him any such long term assurance. But he believes that the only
alternative is to change the law.
Nevertheless he would be
bound to oppose the latter solution in the interests of Hong Kong.
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