TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 183

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

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry

No.

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

Restricted. Unclassified.

PRIVACY MARKING

In Confidence

DRAFT

MINUTE

Type 1 +

To:-

PRIME MINISTER

From

Secretary of State

Telephone No. & Ext.

Department

Death Sentence in Hong Kong.

young man

A pensioner who lately committed murder in

Hong Kong Supreme Hong Kong was sentenced to death by the Court and

his appeal dismissed. After receiving the advice

of the Executive Council (with no dissent but two

abstentions) the Governor has ordered that the law

should take its course. He has not yet made public

a date for the execution.

prisoner

The pensioner has now petitioned The Queen for

mercy and it falls to me to advise Her Majesty

Clemences or expanel whether there are any grounds for pardon or whether

the Governor's decision should stand.

My legal advice is that under rules laid down by

in 1947 Mr. Creech-Jones/ and endorsed by me after we took

the prime nesrons distity rexts upon the Governor and that. office, unless there has been a miscarriage of

justice or new material, the Secretary of State would

normally advise that Her Majesty should not intervene.

́against the Governor's decision I would so act and

take the responsibility, but for the recent debate in

the House of Commons and for the fact that we intend

Ireland.

to remove the death penalty from the law of Northern

The carrying out of an execution, the first

in Hong Kong since 1966 would be in sharp contrast

to what is being said and done here.

SR 1973

CONFIDENTIAL

The Governor/

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