TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 148

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

7359) Dd.397459 250m 12/72 G.W.B.Ltd. Gp.863 16941) D1,897300 250m 9/72 G.W.B.Ltd. Gp.863

NOTHING TO BE WRITTEN IN THIS MARGIN

CONFIDENTIAL

on prerogative powers as a back-door way of

changing the law.

Summary and Recommendations

9. Thus, nine dependent territories still have the

death penalty, six have abolished it, and one has

suspended it until 1975. We could legislate for abolit-

ion in the UK or legislation could be enacted locally.

The former is undesirable and there are difficulties

about the latter. It may be better to rely on a

gradual process of precept and example form the UA and

the slow education of public opinion in the territories

which remain attached to the idea of capital punishment

rather than to enforce metropolitan views in

defiance of local sentiment.

An alternative night be

to let it be known that in every case where a person

under capital sentence petitioned The Queen She would a

a matter of policy invariably be advised to exercise üls

Prerogative of hercy. There might, however, be

objections of principle to using this as a permanent

instrument for securing the objective of nullifying the

death penalty; though it might be used for, say, a trial

period after which the position would be further

reviewed. In sum, although it would be technically

possible for HG effectively to abolish capital

punishment in Dependent Territories. There are in fact

considerable practical and political difficulties in thị

way of doing so.

CONFIDENTIAL

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