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ANNEX TO XCS (75) 3
XCSI(73)2 Copy No....
NOTE FOR EXECUTIVE COUNCIL
DEATH SENTENCE ON LAM PO
Note by the Governor
When I discussed death sentences with the Secretary of State in October, he said that while Ministers had decided not to abolish the death sentence in Hong Kong against the advice of the Governor, nevertheless they considered that individual cases should be examined very carefully. He also personally accepted the very serious situation that would arise if a Governor's decision-in-Council were overruled again.
2
In view of the decision of Ministers to reserve the right to submit cases to close scrutiny, it will be necessary, if a situation is to be avoided in which the Governor's decision-in-Council is overruled, to give the Secretary of State a forecast of what that decision is likely to be before it is formally taken. The Secretary of State could then
either:
(a)
give an assurance of support if the decision were that the law should take its course, or
(b)
dispute the grounds for the forecast decision, or,
(c)
in case of disagreement between himself and the Governor, and if the Governor felt unable to withdraw, abolish the death sentence in Hong Kong by Order in Council, before the case came formally to the Executive Council,
i
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Though such a procedure seems the best that can be devised in the present extremely difficult circumstances, it is by no means foolproof. For instance, even if Ministers gave an assurance of support before the Governor formally took his decision in Council, they might feel unable to maintain their support in the face of the Parliamentary situation that the announcement of the decision-in-Council might create. This is what happened in the case of Tsoi. Certainly, officials in the F.C.O. are acutely aware of this problem and no doubt Ministers are too.
4
In view of this, Ministers cannot be expected to give a prior assurance of support unless at least the case is cast-iron, and devoid not only of what Honourable Members might consider mitigating
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