TNAG-0375-FCO40-421-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1973 — Page 3

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SECRET

RECORD OF CONVERSATION BETWEEN THE FOREIGN AND COMMONWEALTH

SECRETARY AND THE GOVERNOR OF HONG KONG HELD AT THE FOREIGN AND

COMMONWEALTH OFFICE ON FRIDAY, 14 SEPTEMBER 1973

Present:

His Excellency Sir Murray

MacLehose KCMG MBE

The Rt Hon Sir Alec Douglas-

Home KT MP

Mr A Royle MP

Sir D Greenhill GCMG OBE

Sir D Watson KCMG

Mr A A Acland

Mr AC Stuart

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DEATH PENALTY

1.

Sir Alec Douglas-Home said that Ministers had taken a clear decision not to abolish the death penalty in the dependent territories, and had agreed that it was important to support the Governor of Hong Kong when he decided that the law must take its course. Nevertheless, when a case did arise, we had to be certain that it was a very bad one. He would then have to be prepared to justify his support for the Governor in Parliament, to stick to this line and to put his reputation at stake if necessary.

But he could not bind the Government to

maintain this policy for any fixed period. No government could give such an undertaking.

2. Sir Murray MacLehose commented that of all fields, this was one where consistency was essential. It would be morally wrong and politically dangerous for the Government to give the appearance of changing its mind for frivolous reasons.

3. Sir Alec Douglas-Home replied that he could take the matter back to the DOPC, on the next or indeed on each occasion, though he did not want to. In his view a decision had been taken to maintain the death penalty and should be adhered to.

4. Sir Denis Greenhill said the difficulty was that if there was a public row about the Government's decision to support the Governor it would be likely to arise post facto. We had agreed a procedure whereby the Governor would give the Foreign Office advance notice of his probable decision, so that if Ministers decided not to support him they could adopt the alternative course of changing the law before his decision was made public. This seemed reasonable; but the trigger for a campaign against an execution would come later, when the Governor publicly confirmed a death sentence.

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