(25)
CONFIDENTIAL
Secretary of State
MR. Donald
And 1674
Mr Lyn
Igne
CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES
1.
Your minute of 13 November. As you say, the Secretary of State has dealt with this question before. The reason why Mr Ridley instructed the department to submit again was that public attention had been drawn to the different practice over commutation of death sentences in Hong Kong and the other Dependent Territories. This emerged through the publication in Hong Kong of a letter from Mr Ridley to Mr Marks MP in which the former set out the general policy towards the majority of the territories, ie that HMG would not intervene to prevent an execution going ahead.
2. Since 1973, sentences in Hong Kong have been automatically commuted by the Governor in Council, the main justification being the feeling in the House of Commons against capital punishment (last shown by a free vote in July 1979).
3.
Mr Ridley was concerned that HMG might be open to criticism for adopting a different attitude in Hong Kong. The submission makes clear, however, that the position there can be maintained. Indeed, the Governor has advanced strong political arguments against any attempt to alter the practice after so long. It can be justified on the grounds that the legislature in Hong Kong is not elected whereas legislatures in the other Dependent Territories are.
4. I do not think that the Secretary of State need read the submission but I think he should be aware that the subject has come up again and that both the LPS and Mr Luce consider that the present practice should continue. It would be helpful to Sir Murray MacLehose to know that Lord Carrington was in the picture. You may think that it would be sufficient for the Secretary of State to see only this minute, but a summary of the submission is attached if required.
Artmald
A E Donald
13 November 1981
Letter geht to Sir Mr. Macfehore
23/11
$. prepare
Also at HKS 38013
CONFIDENTIAL
prepare brief for LPS them
pa.
ния. 38018
23 NOV 1981
FRICEP
OBR
ве