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Mr Royle commented that if Ministers decided at the preliminary stage to support the Governor, then they would have to stick to this, unless new facts came to light, for example in the prisoner's Petition to The Queen, suggesting that there might have been a miscarriage of justice. Ministers would thus, if they took this decision, reaffirm the policy followed before the recent case of Tsoi.
6. Sir Murray MacLehose said that the preliminary decision would clearly be a difficult one because it would be taken in an atmosphere that would be different to that when a Petition to The Queen was made. If Ministers subsequently decided to reverse this decision after the Governor had announced it, then it might well be better to send out a
He was not new Governor, not involved in the original decision. talking of resignation, of which he disapproved, but of good government. If it was the considered view of Ministers that the existence of the death penalty in Hong Kong was not compatible with Parliamentary opinion in the UK, then the law must be changed by HMG at the prelimin- ary stage, though there would be a major row with Hong Kong.
7. A general discussion followed in which it was generally accepted that a consistent policy over the death penalty was very important and that political considerations should be excluded as far as possible; but that HMG could not give any firm guarantee for the future.
8. Sir Alec Douglas-Home summed up by saying that if he decided to
Once uphold the Governor's decision, he would do so consistently. Ministers had defended an execution in Parliament it was logical that
Indeed it would be they should stick to this policy for the future. easier for them to do so. Though he could give no firm undertakings on this last point, he thought it likely that this was what would happen in practice.
CONSTITUTIONAL DEVELOPMENT
9.
Sir Alec Douglas-Home said Sir Murray MacLehose had discussed with Mr Royle the possibility of introducing an elected element into the Hong Kong legislature. They had decided that there could be no question of this at the present time. He himself agreed.
GENERAL QUESTIONS
10. Sir Alec Douglas-Home said that he agreed that Ministers should be asked to consider the range of points in dispute between Britain and Hong Kong. Such an overall approach could provide some leverage in questions where the interest of Hong Kong, if considered separately, might not prevail. Sir Murray MacLehose said he agreed, but he did not want to give an impression of crisis. There were points of friction, but in general Hong Kong was doing well. Relations between the Hong Kong Government and the FCO were good, and the public there still looked to Britain.
HONG KONG AND THE EEC
He had
11. Sir Alec Douglas-Home said that it would be difficult to ask the Community for concessions for Hong Kong and not for others. just had to refuse to help the Indians. Sir Murray MacLehose replied
/that
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