I
CONFIDENTIAL
5.
Or he may continue to advise that we should wait until a case arises where he can no longer avoid a decision that the law should take its course. In the past he has said that he could give us a minimum of six weeks' notice of such a case. This would be enough for us to take a decision on whether to change the law, or to permit an execution, before he had to go to Executive Council.
6. If the Governor is still reasonably confident of being able to hold the line in Hong Kong, or if Ministers judge that there may yet be a possibility of permitting an execution in Hong Kong at some time in the future (which the Governor still advises would be the best course for Hong Kong), then this last might be the best solution. But it does in effect involve the Courts in Hong Kong, as well as the Governor and his advisers, in a judicial charade. This undermines respect for the law and for the Government. The Governor may therefore recommend that the time has come to face the awkward choice of allowing an execution or abolishing the death penalty in Hong Kong.
Hong Kong & Indian Ocean Dept.
13 December 1974
CONTIYNTIAL