Flat
NICK14/1
(13)
THE DEATH PENALTY
dr Kenan aprilie SRL Daide - ná a stand markāna qalaktams, kan jalankan paras munka – ka v
CONFIDENTIAL
86
1. The underlying position is still as described in Sir Duncan Watson's minutes of 11 June and 26 March and discussed with the Governor during his visit in the summer. Since then there have been a number of people convicted of murder in Hong Kong, all of whom the Governor has been able to reprieve, with the agreement of Executive Council, though the recent case of Lau gave some difficulty.
2. In connection with the Lau case, the Attorney General of Hong Kong wrote to me on 19 November to say that he thought that the present position was no longer tenable in Hong Kong and that, failing a reversion to the Creech Jones formula, the best thing to do would be to change the law in London.
3.
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Since the Attorney General's letter, the vote in the louse of Commons on the possibility of reintroducing the death penalty for terrorism has again indicated that the House might not tolerate a hanging in Hong Kong. For so long as the Governor is able to reprieve with the concurrence or acquiescence of Executive Council, there will be no absolute need for IMG to take action. If he fails, it would be possible by another use of the Queen's residual Prerogative of Mercy to override the Governor's decision once again. But this would seriously undermine the Governor's position and would appear to bring the Crom into the argument. In the run-up to the Royal Visit to Hong Kong in May 1975 this would be very undesirable. There have already been suggestions in the Hong Kong press that the matter will be raised with The Queen during her visit.
4.
The other alternative would be to take steps to abolish the death penalty. This could best be done by an Order in Council. The Governor, like the Attorney General, may have concluded that the least damaging course would be to do this now without waiting for confrontation.
CLARIOT JAMOTAT
15.