CONFIDENTIAL
Flag A
with Executive Council, into which the Crown could be drawn by
continued use of the residual prerogative of mercy.
6. The alternative is to abolish the death penalty in Hong
Kong. Sir Murray MacLehose has, however, urged that confron-
tation on this issue should be avoided by postponing the decision
until we are faced with a case where it is virtually impossible
for him to grant a reprieve. This is the second option. This
tactic would give us a breathing space, but it is not likely to
be prolonged. In his telegram No 574 the Governor reports that
the case of an alleged double murderer may come up for consider-
ation by Executive Council in three or four months' time. This
man was originally convicted of setting fire to a shop and killing
a number of innocent people. He was reprieved by the Acting
Governor in 1972 against the unanimous advice of Executive Council.
He has since been accused of killing another prisoner in Stanley
Prison. Even if Executive Council members were prepared to accept
that there was an element of policy in the decision to hang Tsoi,
they would be unlikely to admit this in the case of the double
killing if the accused is convicted. They and the public of
Hong Kong are therefore likely to regard this case as a test of
our ultimate intentions.
7. The Governor promises us six weeks' notice. If Ministers
so decided, this would be sufficient time for an Order in Council
abolishing the death penalty in Hong Kong to come into effect
(though there might be practical problems if the need arose during
the summer recess). But, although the Governor prefers this to
/immediate
- 3 -
CONFIDENTIAL