SECRET
I myself had ample evidence of this.
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It was the foremost issue in the minds of practically every individual, group or association I met. At my meeting with the Unofficial Members of Executivo and Legislative Councils, there was emphatio unanimity on the subject. The arguments for the death penalty were largely related to the need to counter violent crime: but the root of the matter lies in the feeling of resentment that policy should be determined by extraneous political considerations in the United Kingdom rather than by the circumstances of Hong Kong itself and public opinion there.. Since Hong Kong has no elective system, public opinion cannot find expression through a free vote of the legislature as in the UK and in the other dependent territories. There is no doubt however about the strength of local support for the retention of capital punishment on the statute book and for its use as a deterrent in serious cases. And this is the main current irritant in Anglo-Hong Kong relations.
5.
It is against this background that the Governor has asked for a substantial review of the situation during his talks here next week, if possible in a personal meeting with the Secretary of State. If the present "gentleman's agreement" cannot be held, there are in effect three options, all unpalatable, open to HMG:- (i) to be prepared to overrule the Governor again, as in the case of Tsoi;
.6.
(ii)
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1
to abolish the death penalty by changes in the law,
either here or in Hong Kong; OX
(iii) to reaffirm the 1947 Creech Jones formula.
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The further use of the residual Prerogative of Mercy to override the Governor's decision could put him in an impossible position. It would mean again publicly disowning his judgment under the Prerogative, which is delegated to him personally by The Queen under the Letters Patent and Royal Instructions. authority could be so impaired that a new Governor might be needed.
The abolition of the death penalty would be fiercely resented in Hong Kong, and could be criticised even in the UK
#.7.
1
His
aa going against the wishes of the people. The direct intervention, of IMG would in practico bo noodod to enforce it, either by an
· Order-in-Council overriding Hong Kong law, or by requiring the offioinl majority in Legislative Council to change the law of
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AN A
Bone.