TNAG-0370-FCO40-416-Visit-of-Edward-Heath--UK-Prime-Minister--to-Hong-Kong--12-1-1973 — Page 39

CONFIDENTIAL

Another

murderer with the agreement of his Executive Council.

difficult case of Leung Ping-fat is pending. The Governor has

reported that it will be difficult to find mitigating

circumstances. We have however told him that we would find it difficult to regard this as a worst case. If therefore he decides

that the law must take its course in this case, the Foreign and Commonwealth Secretary might find it difficult to support him. The Governor has not yet responded.

but have not yet been considered.

Further cases are pending

6. It is not possible to say in advance what attitude we would take to a particular case. Each must be considered on its

merits. Nor is it normal to give reasons for the decision in

any case. The possibility of abolishing the death penalty altogether has not been discussed with Hong Kong Executive

Council and should not be referred to.

7. Line to Take: The Queen reprieved Tsoi on the advice of

the Foreign and Commonwealth Secretary. There were special factors

which led to this decision. Each case has to be considered on

its merits. The death penalty remains part of the existing law

of Hong Kong. Cases will continue to be considered on their

individual merits.

8. (If pressed) It is of course possible for the Hong Kong Government (or HMG under the general constitutional powers of the Crown) to change the law. But any such step, if it ever took place, would have to be very carefully considered on general grounds.

Foreign and Commonwealth Office

14 December 1973

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CONFIDENTIAL