CONFIDENTIAL
火
THE DEATH PENALTY
We have twice
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1. The death penalty still exists in Hong Kong.
recently asked the Governor to consider with his advisers the
possibility of abolishing it. On both occasions he reported that
Hong Kong wished to retain the death penalty. This advice is
certainly supported by the vast majority of the Chinese
population.
2. Under the Letters Patent and Royal Instructions of Hong Kong
the prerogative of mercy is vested in the Governor, who must first
take, but does not have to follow, the advice of Executive Council.
There is a residual prerogative of mercy in the Crown, since
But this
The queen cannot empty herself of Her prerogative.
residual power has not generally been used; and the Governors of
dependent territories have been assured that it would not be used
except in exceptional circumstances, such as a clear miscarriage
of justice.
3.
But
No executions have taken place in Hong Kong since 1966.
in April 1973 the Governor decided that the law must take its
course in the case of Tsoi, who was convicted of murder in the
course of a gang robbery. This coincided with the debates on the
death penalty in Northern Ireland and in general in the UK. The
Foreign and Commonwealth Secretary decided after consulting his
colleagues that an execution in Hong Kong at that time would cause
an unacceptable political row in the UK. Tsoi was therefore
CONFIDENTIAL
/reprieved