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DEATH SENTENCE IN HONG KONG
1.
Lord Goronwy-Roberts is aware that the Governor and the Executive Council recently reached a confidential understanding,
as
a result of which the Governor is confident that he will be able to
reprieve a convicted murderer in each case as it arises.
2.
Mr Cheong-leen supports the principle of capital punishment in Hong Kong. Since he is not a Member of Executive Council, he is presumably not aware of the understanding, which should not be mentioned to him.
Line to Take
3.
The death penalty still exists in Hong Kong.
The
constitutional position is unchanged. When a person is convicted of murder by the Courts, the Governor, advised by Executive Council, takes his decision in each case as it arises on the exercise of the prerogative of mercy. This decision is his own.
4.
It is a fact that no-one has been hanged in Hong Kong since 1966. The Governor has commuted the death sentence in every case except that of Tsoi last summer. The circumstances of that time were special; so was the decision to exercise the Queen's residual prerogative of mercy. Since then no occasion has arisen for UK Ministers to consider a decision by the Governor that the law should take its course. It would not be profitable to speculate on what might happen if this did happen; nor would it be proper, since each case has to be considered as it arises. HMG are well aware of feelings in Hong Kong.
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