to overruling the Governor again as in the Tsoi case. Action to abolish could be taken by Order-in-Council, and could be justified. in the case of Hong Kong on the grounds that it is a Crown Colony
ha legislature that is not and cannot be elected (though hardly in other dependent territories which retain the death penalty, where such action would mean the imposition by HMG on an elected legislature of a decision which has always been left to a free vote in the British Parliament). The dilemma is however apparent, To override the Governor again in another individual case would
· place him in an impossible position. A hanging in Hong Kong would cause political trouble here. To seek to abolish capital punishment would bring about a political crisis in Hong Kong, as well as give rise to controversy in the British Parliament.
5. The Governor now reports a successful effort to find a way round this dilemma through informal and off-the-record consultation with his Executive Councillors. He has in brief persuaded them, in order to avoid a confrontation which would not be in Hong Kong's interest, to acquiesce in decisions to reprieve for the foreseeable
future.
6.
This understanding must be treated with the strictest confidence and no hint of it given in public. The Governor is
He obliged to consider a reprieve in each case as it arises. cannot take a general decision in principle, and it would be improper to imply that this has been done. For the same reason, the understanding cannot be binding either on the Governor or his Executive Councillors. In practice however it enables us to have confidence that political trouble over this issue both in London and in Hong Kong may be avoided for the foreseeable future.
7.
This delicate understanding with his Executive Councillors represents a considerable achievement on the Governor's part and
a major contribution to good Anglo/Hong Kong relations.
Ministers
may wish me to convey their appreciation in acknowledging this telegram.
26 March 1974
Copies to:
Mr Ennals
Miss Lestor Sir T Brimelow
Duncan Watso
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