(16941) Dd.897300 250m 9/72 G.W.B.Ltd. Gp.863
NOTHING TO BE WRITTEN IN THIS MARGIN
CONFIDENTIAL
3
The basic issue as regards Hong Kong is whether
the political situation in the United Kingdom requires
the abolition of the death penalty there. The Governor
"the
would like to see matters left as they are
sparing use of the death sentence" But if we
•
decide that there must be no more executions in
Hong Kong in any circumstances, a policy of inactivity
would be likely to result in repeated confrontations
with the Executive Council, into which the Crown
could be drawn by the continued use of the residual
prerogative of mercy. If Ministers feel that this
is not acceptable, and the retention of capital
punishment in Hong Kong not acceptable to Parliamentary
opinion here, the question is whether legislative
action to abolish the death penalty should be taken
at once, or (as the Governor recommends) delayed
until it is forced on us by a case in which it is
virtually impossible for him to grant a reprieve.
This tactic would give us a breathing space, but
it is not likely to be prolonged. There is a case of
an alleged double murderer coming up for
consideration by Executive Council in a few months'
time. The Governor has promised us six weeks'
notice which would give us sufficient time for an
Order in Council abolishing the death penalty in
Hong Kong to come into effect (though there might be
practical problems if the need arose during the summer
recess). However, the danger of this course is
that to abolish the death penalty in obvious
juxtaposition to, and anticipation of, a case as
/serious...