CONFIDENTIAL
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Mr Wford
Sir D Watson
Sissetong of State
It is very desirable to reach final agreement
Sw M. Machhose
the ball's next thin
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procedures for handling furtive capital sentences. This should Reponible of the Acting given
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cnsulted as
THE DEATH PENALTY IN HONG KONG
PROBLEM
is meantime
proped in the draft tits now subuulted.
DWation
24/5
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 Mr 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
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