between the two options previously under
consideration (of supporting you over an execution, or
of changing the law on United Kingdom initiative),
either of which would be likely to give rise to
trouble in Parliament.
3.
If your decision on Liu were not to commute,
there would be risk of seeking escape from the dilemma
in use of the residual prerogative of mercy, as in the
case of Tsoi, which would mean letting you down again.
Or Ministers could take steps, without consulting
Parliament, to transfer the whole prerogative of
mercy to the UK. But this would lead to recurring
conflicts with Hong Kong and would, in our judgement,
be perhaps the worst solution.
4.
If there is a way out, therefore, it does
appear to lie in exploring the suggestions in your
paragraph 4.
5.
To
We are, however, not altogether sure how your (A) option/would work out in practice. If ExCo reached
a conclusion for whatever reasons that the death
penalty should be abolished then the logical course
would be to pass the necessary law in Hong Kong.
ask HMG to take steps to abolish might revive the
general issue of the death sentence here, which is
still controversial. And it could well be
interpreted as meaning that Hong Kong continued to
believe in the death penalty, but were reluctantly acquiescing in the different view of the United
Kingdom. This could still cause trouble in Parliament,
though it would be better than abolition by HMG which was explicitly opposed by the Hong Kong Government.
/I am
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