CONFIDENTIAL AND PERSONAL
9.
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I should add that correcting the situation by removing the death penalty by legislation is not an option, as there would not be a majority in either Executive or Legislative Councils.
10.
A further point is that, whilst Hong Kong's image in the House has enormously improved in recent years, there is a small implacable group which is determinedly hostile. If capital punishment in Hong Kong came to be debated, this group would use the occasion to bring up every sort of canard about Hong Kong that they could.
and sometimes freed.
11.
Finally, in your paragraph 5, you asked how often each year the Governor-in-Council would be likely to decide to allow the law to take its course. Up to mid 1980, it was normal for unofficials to absta in on advice over a commutation if they felt it to be a case in which, but for U.K. parliamentary considerations, they would have advised that the law should take its
On this basis, in 1978 there would have been 3 cases, and in 1979 8'
though of course the Governor would have been free to reach his own decision. It would depend on the characteristics of each case.
12.
I attach a copy of a minute by the Acting Attorney General in which he concurs with Rushford's view.
enc.
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May