CONFIDENTIAL
(1)
6. No convicted murderer has been executed in Hong Kong since
1966. Although it may very possibly be true, as the petitioner
now claims, that there have been other cases in recent years in
which there may have been even less reason for a re
reprive, the
death penalty still exists in the colony. The Governor is dealing
with the situation in Hong Kong as it exists today. The background
was described in my submission of 29 March. In the present case
the Governor has advised that the predominantly Chinese population
expects the law to be enforced. The advice of his Executive
Council was, with only 2 abstentions, in favour of allowing the
law to take its course.
7. If our objective were to be to ensure that there should be
no more executions in Hong Kong, it would be necessary first to
advise Her Majesty to reprive TSOI Kwok-cheong and then for us to
consider action of one or other of the following kinds :
(a) Her Majesty's Government could, theoretically, by Order in
Council or by Act of Parliament, override the law of Hong
Kong and abolish the death sentence there;
(b)
(c)
(a)
The Secretary of State could direct the Governor to use the
official majority in Hong Kong Legislative Council to pass
a Hong Kong law abolishing the death penalty;
The Queen could be advised to alter the Royal Instructions,
and possibly the Letters Patent, to provide that, the laws
of Hong Kong notwithstanding, the Governor must pardon or
reprieve all persons convicted of murder in Hong Kong;
As a temporary expedient, pending the formal amendment of
the Royal Instructions, The Queen, through the Secretary of
State could instruct the Governor to act as in (c) above.
CONFIDENTIAL
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