CYPHER/CAT A
GPS150
FM HONG KONG 190700Z
CONFIDENTIAL
CONFIDENTIAL
тор сору
TO ROUTINE FCO TELNO 788 OF 19 JULY. 1973
DEATH SENTENCES.
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AS I UNDERSTAND FROM ROBERTS THAT THIS ISSUE IS UNDER CONSIDERATION
I HAVE SOUNDED SENIOR MEMBERS OF THE EXECUTIVE COUNCIL AGAIN, AND
THIS TELEGRAM SETS OUT MY FURTHER RECOMMENDATIONS. THESE DIFFER
108) LITTLE FROM THOSE IN MY TELEGRAM 574.
2. ON THE BASIS OF LOCAL REQUIREMENTS AND PUBLIC SENTIMENT MY
STRONG RECOMMENDATION MUST BE THAT THE DEATH SENTENNCE SHOULD BE
RETAINED, AND THAT, LEGAL CONSIDERATIONS APART, THE GOVERNOR'S
DECISION IN COUNCIL SHOULD BE UPHELD ON PETITION, THIS SHOULD BE
ON THE UNDERSTANDING THAT THE SENTENCE SHOULD BE ENFORCED VERY SPARINGLY AND ONLY IN CASES IN WHICH NO MITIGATING CIRCUMSTANCES
EXIST. THE DECISION ON THE LATTER TO REST WITH THE GOVERNOR IN
COUNCIL.
3. IF THIS IS IMPOSSIBLE MY SECOND RECOMMENDATION IS THAT THE SENTENCE SHOULD BE RETAINED FOR A RESTRICTED LIST OF MURDERS, FOR EXAMPLE, FOR SECOND MURDERS, OR FOR THE MURDER OF A POLICEMEN, WARDER OR A MEMBER OF THE PUBLIC ASSISTING THE POLICE, ETC. FROM THE HONG KONG POINT OF VIEW THIS WOULD BE CONSIDERABLY BETTER THAN TOTAL ABOLITION, THOUGH IT WOULD GIVE RISE TO PERIODICAL WAVES OF CRITICISM AND PRESSURE TO EXTEND THE LIST OF CAPITAL MURDERS. SUCH AN AMENDMENT OF THE LAW COULD NOT BE ACHIEVED BY LEGISLATION IN
HONG KONG. WITHOUT USE OF THE OFFICIAL MAJORITY AND I THINK THE LATTER WOULD BE DIVISIVE AND DETRIMENTAL TO THE GOVERNMENT'S REPUTATION. IT WOULD THEREFORE INVOLVE ACTION BY CONSTITUTIONAL PROCESS IN THE U.K.
4. IF POLITICAL CONSIDERATIONS IN THE U.K. MAKE BOTH THESE
COURSES IMPOSSIBLE THE CHOICE LIES BETWEEN:
A) LEAVING THE GOVERNOR'S POWERS AND THE HONG KONG LAW UNAMENDED,
BUT USING THE ROYAL PREROGATIVE OF MERCY TO OVERRULE THE GOVERNOR'S
DECISION WHEN THIS IS THAT THE LAW SHOULD TAKE ITS COURSE, OR
CONFIDENTIAL
78 REMOVING
B)