CONFIDENTIAL
after taking the advice of his Executive Council, but the contingent problem for HG was sharply demonstrated in 1973 when the then Secretary of state had to advise the queen on a petition to Her for mercy from a murderer sentenced to death, and which sentence the Governor had not felt able to commute. This was in the immediate context of debates in the House of Commons on the death penalty in general, and in Northern Ireland. He concluded that a vote of censure might well be passed in the House if an execution was allowed to go ahead in Hong Kong in these circumstances. Her Majesty accepted his recommendation that she should grant a conditional pardon, commuting the sentence to one of life imprisonment.
12.
The present secretary of state also believes that if he were called upon to defend an execution in Hong Long he would not command a majority in Parliament. The issue would have to be left to a free vote in accordance with custom. and his assumption is that there would not be a majority for hanging. He could not use the argument, applicable to the other Dependent Territories where capital punishment is retained, that the will of the local elected legislature should be allowed to prevail. The Governor of Hong Kong and his advisers are well aware of the situation and will do their best to avoid a repetition of the situation which arose in the 1973 case.
Recommendation
13. I recommend that a reply be sent to mr Johnston
summarising the background given above; and a draft is attached.
14. WILD and MIOD concur.
C.C.
6 March 1975
WIAD CICD
Mr Larnour 0.I.
Js. Champit.
J S Champion
Gibraltar General Department
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CUFFIDENTIAL