CONFIDENTIAL

Mr Crodege

has seen)

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(Mr Stuart (11)

Then

PA

BJ

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RECORD OF CONVERSATION BETWEEN THE PARLIAMENTARY UNDER-SECRETARY OF STATE AND MRS SYMONS AND

MR CHEONG-LEEN HELD AT THE FOREIGN AND COMMONWEALTH OFFICE ON THURSDAY 16 MAY 1974 AT 1100 HOURS

Present

Lord Goronwy-Roberts

Mrs Joyce Symons

Mr AC Galsworthy

Mr Hilton Cheong-Leen

Mr B H Dinwiddy

(Mrs Symons and Mr Cheong-Leen, both Unofficial Members of Hong Kong's Legislative Council, made their call during a visit to Britain at the invitation of the Commonwealth Parliamentary Association)

DEATH PENALTY

1.

Mrs Symons said there was concern in the Legislative Council about the UK attitude towards the death penalty in Hong Kong. She asked whether the use of the death penalty could be restored for a trial period of, say, two to three years, to judge the effect on the crime rate. Mr Cheong-Leen recalled the case of Tsoi in 1973. There was now a general impression in Hong Kong that reprieve would be automatic with respect to any case referred to London: this made a mockery of Hong Kong law and encouraged violent crime. He suggested that some indication could be given that the UK would not interfere in any future case where the Governor-in-Council decided that the death sentence should be imposed.

2.

Lord Goronwy-Roberts emphasised that the constitutional position was unchanged, and the death penalty remained on the statute books. The Governor exercised the prerogative of mercy on the advice of the Executive Council. He had taken careful note of what Mrs Symons and Mr Cheong-Leen had said, but he thought that cases referred to Britain would have to be

considered on their merits. An assurance of the kind which Mr Cheong-Leen had mentioned would cut across the constitutional

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