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SECRET

This

message

Wid

стоящет

4/171

n Flo tel no, 829 of 22/8 KH.K.

To Priority Governor Hong Kong.

Following for Acting Governor from Governor.

Death Sentences.

1. I have delayed reply to your telegram 243 until

FCO could confirm my impression that Leung's case

167 was not so urgent as yourtel 902 to FCO suggested.

As they have now done this no special procedure for

this case is necessary.

2.

During my visit to London it emerged:

3*

(a) that FCO legal advice is that the death

penalty in Hong Kong could be abolished by a

United Kingdom Order in Council i.e. at

comparatively short notice (source Mr. Crowson),

(b) that it is accepted that the situation

must be avoided in which the Governor's decision

to allow the law to take its course is over-ruled

again (source Mr. Royle).

Against this background I suggest you put the

following procedure to the FCO:-

(a) After the appeals procedure is exhausted

the Governor should decide whether he would allow

the law to take its course if so advised by

Executive Council, and inform the Secretary of

State, and send the relevant papers (N.B. It is

.../2

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