CONFIDENTIAL
F
THE CONSEQUENCES OF A REPRIEVE FOR TSOI KWOK-CHEONG
1. Existing policy in respect of the exercise of the
prerogative of mercy in capital cases in the dependent
territories is set out in FCO Circular despatch of 13 May 1971.
In this the Secretary of State accepted the procedure set out
by his predecessor (as Colonial Secretary) in 1947. This said
that "he drew the conclusion in practice it was highly
improbable that intervention by the Monarch on the advice of
the Secretary of State would ever take place".
The only
situation in which the Secretary of State might ask the
Governor concerned to review the matter would be if a serious
miscarriage of justice had taken place.
Circumstances have,
however, altered in Britain and the Secretary of State has
recommended the reprieve of Tsoi in effect on the grounds that
it is unacceptable to Parliament in this country that such an
execution in Hong Kong should take place. The view has been
further expressed that since there is no elected representative
body in Hong Kong and since HMG retain full rights to legislate
in the Colony it is both possible and desirable for them to abolish
the death penalty there by unilateral action.
2. A decision to act thus for British political reasons must
inevitably affect the position of Governors in other dependent
territories where the death sentence has been retained and call
in question HMG's ability to maintain the present policy con-
tained in the despatch referred to above.
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