TNAG-0377-FCO40-423-Defence-and-Oversea-Policy-Committee-review-of-UK-relations--1973 — Page 41

light of this advice and has informed me that, if the

advice is formally confirmed in eight weeks time he

will

The general public of Hong Kong will be strongly

behind this decision.

8.

We have already considered the general question

of the death penalty in the dependent territories

(DOP(73)17th meeting). We then decided to take no

steps to abolish the death penalty in those dependent

territories that have elected legislatures. We also

agreed that it was important to support the Governor

of Hong Kong in his decisions, but that great care

should continue to be taken in considering reprieves.

Subsequently I agreed with the Governor that

if his decision had to be overridden again on grounds

other than a miscarriage to justice, we must take

steps to abolish the death penalty in Hong Kong before

his decision was made public. Any other course would

put him in an impossible position. The eight weeks'

notice he has now given is to enable us to consider

this choice.

9.

10.

The Governor will not have told even his

Executive Council of his decision before the Frime

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