TNAG-0374-FCO40-420-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1973 — Page 114

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NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No.

SECURITY CLASSIFICATION

Top Sociek

SeXrXX

Confidential.

Restricted Kinclassified x

PRIVACY MARKING

CONFIDENTIAL

15

DRAFT

BRIEF 'A'

Type 1 +

FROM

To:-

Telephone No. Ext.

Department

In Confidence

DISCUSSIONS WITH THE GOVERNOR, AQUE KONE

DEATH PENALTY

1.

In DOPC on 11 July Ministers decided that the

death penalty should remain. But they did not

finally decide what to do if the Governor again led

in a specific case that the law must take its course,

and if political opinion in this country was against a mead

Thes

referred to

it. There is a reference to support for the Governor,

but also to the need to scrutinise Petitions to The

Queen with care in the light of the attitude of

Parliament. The Governor has said to Mr Royle that if

the Secretary of State again advised The queen to

grant a reprieve against the Governor's decision, he

would be in an impossible position in Hong Kong. If

there is to be another decision to stop an execution,

he considers it must be by a change in the law. The

problem is to work out contingency plans for policy

procedure in the event of a difficult case (and we

have been warned that a potentially difficult case

that of a double murderer

wwwwww

may come before the

Governor in November). We need to ensure that we can

take the decisions and any consequent necessary action

within the time available.

CONFIDENTIAL

/2.