GRPS 710
PRIORITY
CYPHER/CAT A
FM HONG KONG 250910Z
CONFIDENTIAL
$16.
CONFIDENTIAL
м
1) M2 Witford 2) Mr Stuary As
нка 10 Дерг
TO PRIORITY F C O TELNO 574 OF 25TH MAY, 1973.
тор сору
и
108
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Confer in on the love Khi affece icti Goverment Committee
시즈
YOUR TELNO 483.
DEATH SENTENCES.
Pat
on Sile
YOUR TELNO 460 YOU ASKED FOR MY COMMENTS ON (A) ABOLITION OF THE DEATH SENTENCE IN HONG KONG BY UK LEGISLATION, OR (B) AMENDING THE PREROGATIVE OF MERCY FROM THE GOVERNOR IN FAVOUR OF
THE SECRETARY OF STATE. THE SENSE OF OUTRAGE AT TSOI'S REPREIVE
HAS BEEN AND CONTINUES TO BE AS STRONG AND AS DEEP AS I HAD EXPECTED.
WHILE THIS LASTS, AND ALSO WHILE FEAR OF VIOLENT CRIME REMAINS SO STRONG, EITHER ACTION WOULD BE MOST BITTERLY RESENTED.
2. I STILL BELIEVE THAT THE RIGHT SOLUTION, AND THE ONE IN KEEP- ING WITH THE TRADITIONAL RELATIONSHIP BETWEEN HMG AND HONG KONG, AS WELL AS THE MINIMUM THAT THE OVERWHELMING MAJORITY OF THE POPULATION AND THE ESTABLISHMENT HERE DEMANDS, WOULD BE THE VERY SPARING USE OF THE DEATH SENTENCE. I REALISE THAT THIS IMPLIES REQUIRING PARLIAMENTARY OPINION TO ACCEPT THIS AS PART OF HMG'S GENERAL OBLIGATION TO GOVERNOR IN ACCORDANCE WITH THE WISHES OF THE LOCAL
POPULATION AND WITH LOCAL LAW AND CUSTOM.
3. BUT IF I WAS FORCED TO CHOOSE BETWEEN ONE OF THE TWO EVILS IN PARA. 1 I WOULD PREFER (A) BECAUSE IT WOULD AT LEAST END THE MATTER AS A LEGAL ISSUE, THOUGH CERTAINLY NOT AS A POLITICAL ONE. (B) WOULD MERELY PERPETUATE IT AND PERIODICALLY
CONFRONT YOU AND ME WITH THE SITUATION WE FACED OVER TSOI -
UNLESS YOU WERE PREPARED TO LET THE LAW TAKE ITS COURSE, IN WHICH
CASE IT WOULD BE BETTER TO LEAVE THE INSTRUCTIONS AS THEY STAND.
IT COULD ALSO BE REPRESENTED AS AN INDICATION OF NO CONFIDENCE IN ME PERSONALLY.
4. THE PROPOSAL IN PARA. 6 OF YOUR TELNO 460 SEEMS TO BE VIABLE UNTIL SUCH TIME AS A FURTHER CASE DEVOID OF MITIGATING CIRCUM-
STANCES COMES UP.
CONFIDENTIAL
15. SUCH A CASE