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HKK 14/16

We shores

Mr Wilford

Ки

Sir D Watson

༧་ཡ

PS

|

لاست

Govern wom

شمر

ما سماه

تا

THE DEATH PENALTY IN HONG KONG

PROBLEM

(176).

3

des

(178)

نيا

right to

A.R.

1. In DOPC on 11 July Ministers decided that the death

penalty should remain. But they did not finally decide what

to do if the Governor again ruled in a specific case that the

law must take its course, and if political opinion in this

country was against it. There is a reference to support for

the Governor, but also to the need to scrutinise Petitions to

The Queen with care in the light of the attitude of Parliament.

The Governor has understandably complained of a lack of clarity.

He does not know whether we are back in the pre-Tsoi situation,

where his decision to let the law take its course would only be

overruled if there was a miscarriage of justice; or whether, if

the circumstances of the Tsoi case were repeated, a petition to

The Queen would be allowed; or whether, in the same circum-

stances, we would take steps to change the law.

2. The Governor has said to Fr Royle that if the Secretary of

State again advised The Queen to grant a reprieve against the

Governor's decision, he would be in an impossible position in

Hong Kong. If there is to be another decision to stop an

execution, he considers it must be by a change in the law.

Nevertheless it is clear that Ministers will not take this

CONPIDE

1

/decision

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