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The

execution in Parliament, he would not have a majority. Since Hong Kong was a Colony, and one without an elected legislature,

there was no alternative but to accept this overriding fact.

situation might change, but for the moment Ministers would not be able to let an execution take place in Hong Kong. The Governor

could tell his Executive Council in confidence that this was the

position.

7.

In all these circumstances it seems wisest to confine

the reply, firstly, to a statement that the Secretary of State has discussed the question with the Governor, who has confirmed that opinion in Hong Kong strongly favours the use of the death penalty in extreme cases; and then, as regards a statement of HMG's policy, to say simply that the Prerogative of Mercy is delegated to the Governor, to be considered in each case as it arises.

8.

I submit a draft reply accordingly. It has been cleared with the Governor. I also submit notes for supplementaries, similarly cleared with him.

R.1. homo.

RB Crowson

Hong Kong & Indian Ocean Dept.

4 July 1974

сс

PS/Lord Goronwy-Roberts Mr Male

GGD

+ the Sacray.

On this difficult isome

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we can and stand pat

27 Stalet

a

the castitutional

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C

Pint

gravel impair the

prction of the Govenor

the informal understanding

with the Executive Concelles

frothy because to do so would wreck it

Givenn's

a

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ulating with his Concellors; and xanelly Recause

would be constitutionally improper

Ake to see the Parliamentary

"policy of always upnewing On the latter print, Ihmishi's may statement Sw J. Soskice

when repeal if

(flay A).

a 23. Dec. 1964, made at the hive

the dratt penalty

was

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й

interpolation in the U.K.

When Watin

4/7

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