TNAG-0375-FCO40-421-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1973 — Page 20

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

frustrated the course of justice in Hong Kong. On death

sentences I have told the Governor of our recent decision in

DOP that we will not alter the present law which includes

the death penalty. I have at the same time underlined the

scrupulous care that he should take to make sure that, if he

decides that he must confirm the death sentence by the Courts,

it should be a case which is really bad. I have also told

him that while Ministers cannot give an absolute guarantee -

and certainly not for any specific period of time - I anticipate

that I would uphold hisdecision unless there had been a

miscarriage of justice or new facts had come to light on the

petition. We agreed that the Governor would give us good

warning of his intention to confirm the death sentence and

that if Ministers here felt at that time that an execution in

Hong Kong was unacceptable, an alternative course would be

to change the law immediately and abolish the death penalty

in Hong Kong. Such an action would of course be strongly

resented by the majority of public opinion in Hong Kong and

would also cause us trouble in the Houses of Parliament.

7.

Another issue where our interests diverge and which

involves the Department of Trade and Industry is in relation

to the Community's Generalised Scheme of Preferences.

Under

the Treaty of Accession we are obliged to align ourselves

CONFIDENTIAL

/with the

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