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stment of policy; it does not deprive the Crown of its
power to exercise clemency if so advised by the Secretary
of State. In 1973, a particularly unpleasant murder
occurred in Hong Kong in which, there being no mitigating
circumstances, the Governor in Council decided to let the
law take its course (having previously been assured that
Ministers would support his decision). At this time,
however, the House of Commons were considering the question
of capital punishment in Northern Ireland, and the
Secretary of State, Sir Alec Douglas-Home, felt obliged
to take steps to prevent an execution in a British Dependent
Territory while the debate was in progress, regardless of
the absence of mitigating factors. He therefore advised to
commute the sentence. This departure from established policy
has continued in Hong Kong ever since and became the policy
for that Territory. It was spelt out in a statement made
by the Colonial Secretary in the Legislative Council in 1975.
5. Since 1973 the Governor, on the advice of his Executive
Council, has commuted every capital sentence that has come
before him. In most cases mitigating circumstances existed
that would have disposed the Council in favour of clemency
but occasionally in cases where they believe there are no
mitigating circumstances, Unofficial, and less often
Official,
Members of the Council have abstained. They
never now vote in favour of letting the law take its course
since they realise that the Governor, by complying with
Ministerial policy, would be put in an impossible position
if they did so.
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