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86 PAN
SECRET
6.
(iii)
express public opinion in
the question.
Governor for the officer administering the
Government). The Secretary of State expressed the view in June 1974 that he saw no prospect of returning to the Creech-Jones formula at present and of sustaining
it when challenged in the House;
for consideration to be given to the establishment of a Select Committee, or some other Parliamentary body, to consider the exercise of the death penalty in Hong Kong. When the Secretary of State of the day has informed the Governor of his inability to advise Her Majesty to allow the application of the death penalty, he has generally adduced Parliamentary considerations. If such considerations stand in the way of the Governor's exercising his own judgment in the matter of the death penalty, there may be a case for putting the ball into Parliament's court.
It will clearly not be possible to arrive at considered conclusions on these or other possible courses of action within the next 24 hours. I think, however, that they should be examined
between now and the Governor's visit to London for consultations
in the first week of December. Meanwhile, in replying to the debate in the Legislative Council, I think the Governor should be
advised to arrange for a more non-committal statement to be made but one which holds out the possibility of some change in the position in one way or another.
7.
I submit two draft telegrams to the Governor.
D.F. Millin
D F Milton
Hong Kong & Indian Ocean Dept.
3 November 1975
CC
Mr Aushford, Legal Advisers Mr Whiten, G&GD
SECRET
TE