TNAG-0374-FCO40-420-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1973 — Page 52

CONFIDENTIAL

A

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 ruled in a specific case that the

law must take its course, and if political opinion in this

country was against it. They referred to a need 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 may come before the Governor in November).

www

-

We need

to ensure that we can take the decisions and any consequent

necessary action within the time available.

2. The following procedure, based on the Governor's proposals,

has been put to the Secretary of State and broadly agreed with

Hong Kong.

3. If the Governor notifies us that he intends to take a

decision to let the law take its course in a specific case,

the Secretary of State will need to decide whether

(a) to support the Governor;

(b)

to change the law; or

CONFIDENTIAL

/(c)