CONFIDENTIAL
5. ANOTHER COURSE MIGHT BE FOR YOUR LETTERS PATENT AND ROYAL
INSTRUCTIONS TO BE AMENDED IN SUCH A WAY THAT YOU ARE DIVESTED OF
THE RESPONSIBILITY FOR EXERCISING LOCALLY THE ROYAL PREROGATIVE OF
MERCY, WHICH WOULD INSTEAD BE EXERCISED IN RELATION TO THE COLONY BY ME. I SHOULD WELCOME YOUR COMMENTS ON THIS AND ON THE REACTION
IN HONG KONG IF THIS WERE TO BE DONE.
6. WE HAVE CONSIDERED WHETHER THE AVOIDANCE OF EXECUTIONS COULD BE
ACHIEVED BY ACTION SHORT OF STATUTORY LEGISLATION, I AM ADVISED THAT
IT WOULD BE CONSTITUTIONALLY IMPROPER TO ABROGATE CAPITAL PUNISHMENT
BY ADMINISTRATIVE ACTION IN THE ABSENCE OF AN AMENDMENT TO THE LAW.
THE EXERCISE OF THE PREROGATIVE OF MERCY MUST BE RELATED TO THE
CIRCUMSTANCES OF EACH PARTICULAR CASE, BUT THE CONSTITUTIONAL POSITIQ
REMAINS THAT IT WOULD NOT BE PROPER TO DETERMINE IN ADVANCE THAT
THE EXERCISE OF THE PREROGATIVE OF MERCY WOULD BE RECOMMENDED IN
ALL CASES. HOWEVER, IT IS PROPER FOR YOU AND FOR ME, AND FOR THE EXECUTIVE COUNCIL IN GIVING ADVICE TO YOU, TO HAVE REGARD TO ALL
RELEVANT CONSIDERATIONS. THESE INCLUDE THE SPECIFIC FACTS OF THE
CASE IN QUESTION, THE GENERAL SITUATION IN HONG KONG AND IN THE UK AND PUBLIC OPINION IN HONG KONG AND THE UK. IT MAY BE POSSIBLE BY
TAKING ALL THESE FACTORS INTO ACCOUNT TO REACH A RESULT IN ANY
PARTICULAR CASE WHICH WOULD NOT CREATE UNACCEPTABLE PARLIAMENTARY
DIFFICULTIES IN THIS COUNTRY.
7. I HAVE AN OPEN MIND ABOUT THESE ALTERNATIVES AND FURTHER STUDY
OF THEM IS NEEDED, BUT I SHOULD WELCOME YOUR VIEWS,
DOUGLAS-HOME
PRISE C:
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