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LON AS TỤ WILTHER IN THE CIRCUMSTANCES DESCRIBED I WOULD ACCL
RUVICE TO LET THE LAW TAKE ITS COURSE, I SAID I THOUGHT IT MUST
UNLIKELY.
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6. I SAID THAT MY OWN VIEW WAS THAT IN THE CIRCUMSTANCES THE ONLY WAY OF AVOIDING A CONFRONTATION WITH N.M.G. WOULD BE TO COMMUTE, HOWEVER DISTASTEFUL THIS MIGHT BE. THIS VIEW RECEIVED SUPPORT, WHICH
WAS EVENTUALLY UNANIMOUS.
7. THE VIEW WAS ALSO EXPRESSED ON RECONSIDERATION, THAT COMMUTATION BY THE COVERNOR IN COUNCIL MIGHT BE PREFERABLE TO ABOLITION BY H.M.G. (C.F. PARA 4). THIS WAS BECAUSE SUCH HEINOUS MURDERERS HAD BEEN REPRIEVED IN THE LAST 10 MONTHS THAT PEOPLE NOW DID NOT REALLY EXPECT AN EXECUTION TO TAKE PLACE. THEY RESENTED THIS, AND IT WAS BAD FOR THEIR ATTITUDE TO GOVERNMENT, BUT THEY WOULD NOT
E.G. DEMONSTRATE ABOUT IT. BUT IT WOULD BE IMPRUDENT TO STIR THE
સ
ISSUE UP BY ABOLITION. MOREOVER THE PUBLIC, LIKE EXECUTIVE COUNCILLORS, WISHED THE PENALTY RETAINED ON THE STATUTE
BOOK FOR SUCH SLIGHT DETERENT EFFECT AS IT MIGHT HAVE, AND IN CASE
A CHANGE IN PARLIAMENTARY OPINION MADE IT POSSIBLE TO USE THE
PENALTY AGAIN IN THE FUTURE.
8. AS YOU SEE THE BASIC POSITION OF THE EXECUTIVE COUNCIL IS UNCHANGED, BUT THEY ACCEPT THAT FOR THE TIME BEING COMMUTATION
BY THE GOVERNOR OF ALL DEATH SENTENCES WOULD BE EXPEDIENT.
9. THIS UNDERSTANDING REACHED WITH MEMBERS OF THE COUNCIL IS
NOT ON THE THE RECORD, AND IS NOT BINDING IN ANY WAY. ON EACH CASE I WILL CONTINUE TO ASK FOR ADVICE AS TO WHETHER CLEMENCY SHOULD BE EXTENDED OR NOT. HOWEVER IN PRACTICE, I CAN NOW COUNT ON ADVICE TO COMMUTE. THE PROCEDURE OF GENDING PAPERS TO LONDON IN ADVANCE
VILL THEREFORE DE DISCONTINUED SO LONG AS I REMAIN CONFIDENT
OF EXECUTIVE COUNCIL'S ATTITUDE.
10. ON NO ACCOUNT SHOULD ANY PUBLIC REFERENCE BE MADE TO THIS INFORMAL UNDERSTANDING, NEVERTHELESS SO FAR AS I CAN SEE THERE IS NO NEED NOW TO TROUBLE MINISTERS WITH THIS ISSUE, EXCEPT TO ASK THEM TO NOTE IT AS SOMETHING ON WHICH HONG KONG PUBLIC AND COVERNMENTAL OPINION IS AT VARIANCE WITH THAT IN WESTMINSTER BUT ON VAICH IAR CONFIDENT OF BEING ABLE TO AVOID A CONFRONTATION WITHIN THE FORESEEABLE FUTURE. IF THE SITUATION CHANGES I WILL LET
YOU KNOW.
PACLEBOSC