TNAG-0377-FCO40-423-Defence-and-Oversea-Policy-Committee-review-of-UK-relations--1973 — Page 16

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NOTHING TO BE Written IN THIS MARGIN

CONFIDENTIAL

in his decisions, but that great care should

continue to be taken in considering reprieves.

9.

Subsequently agreed with the Governor that

if his decision had to be overridden again on political

grounds other than a miscarriage of justice, he would

be put in an impossible position unless we took steps

to abolish the death penalty in Hong Kong altogether,

before his decision was made public. The arrangement

for eight weeks' notice is to enable us to consider

this choice.

10.

The Governor will not have told even his

Executive Council of his decision before the Prime

Minister's visit. Nor would we need to decide before

then whether we must change the law. Even if we

eventually decide that we must do so, we can postpone

this decision or its announcement until after

14 January and thus avoid a public row during the

visit. But members of Executive Council will be well

aware of the advice they have given, and this may have

leaked. The Prime Minister will be closely questioned.

If therefore we are able to support the Governor,

there would be much to be said for taking this

decision now.

CONFIDENTIAL