4112.
CONFIDENTIAL
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ANNEX D
Mr Male Sir D Watson
PS/Lord Goronwy-Roberts
DEATH PENALTY:
1.
HONG KONG
I wish & conster This further prof.
Monday.
38
11/12
Spoken with Lord Goronwy- Rott beksram approved and sent for despatch
7/12
Als 9/12
Lord Goronwy-Roberts is aware of the problem in Hong Kong, where the death penalty exists but where no executions have been carried out since 1966. Since the case of Tsoi in the summer of 1973, when Ministers intervened through the exercise of the Queen's residual Prerogative of Mercy to reverse a decision of the Governor that the law should take its course, the Governor has been able in all cases, to get the agreement of his Executive Council that there were sufficient grounds for commutation. He also persuaded them in the case of one Liu Chu that, in current circumstances, there was no possibility of HMG's allowing an execution to take place. This has been an added factor in their decision to recommend commutation
all in subsequent cases. However, the Governor has already warned us that he cannot be sure how long this understanding with Executive Council will hold, and that, if a really bad case came up, it might be impossible for him to maintain the present position.
2.
The Attorney-General of Hong Kong has now written to me (Mr Hobley's letter of 19 November) underlining this danger and suggesting that the crucial test may have arrived in the case of Lau Ming-chu.
This
3.
The question of the death penalty is on the agenda for Lord Goronwy-Roberts's talks with the Governor on 18 December. will provide the opportunity for a thorough review. But, according to the Attorney-General, the case of Lau will have to go to Executive Council on 10 December. Moreover, the current Parliamentary interest in the question of the death penalty, makes this, once again, a peculiarly difficult moment to consider HMG's policy on the death penalty in Hong Kong.
4.
However, having studied the 800 pages of the Court record, I think that there may well be sufficient grounds for commutation, without taking into consideration the situation in Hong Kong or in
/the UK.
CONFIDENTIAL