CONFIDENTIAL

TALKING POINTS

DEATH PENALTY

1. The problem in the Tsoi case was a very special one

arising from the debate on the death sentence in Northern

Ireland. Abolitionist feeling was very strong in the House.

There was also an element of anti-racialism.

People argued

that to spare a European in Ireland and to hang a Chinese in

Hong Kong would be a sign of racial prejudice and colonialism.

2. An execution in Hong Kong would therefore have led to a

prolonged, publicised and bitter running battle, in which

Hong Kong would have been the subject of damaging political

controversy.

This would not have been in the interest of

either country.

3. We accept and regret that this made things difficult for

the members of Hong Kong's Executive Council. We know that

Sir Y K Kan felt this particularly keenly. But they have very wisely decided that the interests of Hong Kong do lie in avoiding a row in Parliament over Hong Kong. Sir Albert

Rodrigues said at the recent meeting of the Unofficial Members Organisation that the best policy is to keep cool. This seems

to us the statesmanlike course.

4.3 We wish to confirm clearly that what happened over the death penalty in the Tsoi case has no bearing on general issues concerning Hong Kong,[including the question of the Chinese Representative.

ve.] We have no intention of ignoring Hong Kong's

/fundamental

CONFIDENTIAL

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