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CONFIDENTIAL
64
The Governor recommends in his telegram no. 366 that, as far as
possible, Ministers should stand on the formula we have already
proposed for Mr Sillars's PQ on 27 March, which reads:
8.
"The death penalty still exists in Hong Kong, but it has not
been carried out since 1966. The prerogative of mercy is
delegated to the Governor. His decision whether to reprieve
is taken on the merits of each case as it arises."
The Governor has recommended, however, that the last sentence
of this answer should be deleted, since in the light of his new
decision it could be embarrassing. The point is valid; but if we
are to keep to the line that we cannot comment on future decisions,
as suggested in paragraph 3 of the Governor's telegram, then the
constitutional position has to be made clear. Mr Ennals has
already agreed the draft supplementary answer. But I suggest the
last part of the answer should now be amended to meet both points
to read:
9.
11
...
delegated to the Governor, to be exercised in each
case as it arises."
•
The Governor's proposals for dealing with questions on the
future of the death penalty are more doubtful. He suggests that the
answer to suggestions that it be abolished should be "No" But
this could expose too much surface in a situation where we cannot
explain why abolition is unnecessary. I think we must sort this out
Meanwhile
in further correspondence with Sir Murray MacLehose.
I recommend that in place of the answer on the future of the death
penalty proposed for Mr Sillars's question, which was:
"This is a complex question on which I would not want to
comment without notice.", the Minister should instead
CONFIDENTIAL
/say: