TNAG-0376-FCO40-422-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1973 — Page 17

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of his preliminary conclusions on a particular case (or 4 weeks

if we had to refer back on some point). This would allow 3 weeks

for ExCo to consider the matter. If ExCo reacted quickly, we

could make an Order within about the 8 week period envisaged.

Failing this we could announce our intention to do so.

Sir M MacLehose wondered whether HMG would really need 5 weeks.

It was important not to rush ExCo. Their initial reaction would

almost certainly be worse than their considered view. He hoped

the problem could be faced squarely and the case not, in effect,

be retried in Britain. Mr Royle agreed, but said that the

Secretary of State must not be precluded from raising some

particular point with the Governor. Mr Stuart observed that the

Secretary of State needed to be able to tell his colleagues that

he personally was satisfied, in a particular case, that the law

must take its course. Sir M MacLehose accepted this. But if HMG

decided to support him, and then changed its mind after an

execution, and changed the law in response to a public outcry,

this would be the worst solution of all. He needed to be sure

that a decision to support him would be maintained for, say, two

years after an execution had taken place.

13. Mr Royle enquired whether ExCo, if faced with the inevitable,

would not prefer to change the law themselves rather than to let

it be changed by Order in Council. Sir M MacLehose said this

could be put to them, but he thought it unlikely.

14.

Mr Royle said that it would not be possible to retain the

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