TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 188

CONFIDENTIAL

(1)

6. No convicted murderer has been executed in Hong Kong since

1966. Although it may very possibly be true, as the petitioner

now claims, that there have been other cases in recent years in

which there may have been even less reason for a re

reprive, the

death penalty still exists in the colony. The Governor is dealing

with the situation in Hong Kong as it exists today. The background

was described in my submission of 29 March. In the present case

the Governor has advised that the predominantly Chinese population

expects the law to be enforced. The advice of his Executive

Council was, with only 2 abstentions, in favour of allowing the

law to take its course.

7. If our objective were to be to ensure that there should be

no more executions in Hong Kong, it would be necessary first to

advise Her Majesty to reprive TSOI Kwok-cheong and then for us to

consider action of one or other of the following kinds :

(a) Her Majesty's Government could, theoretically, by Order in

Council or by Act of Parliament, override the law of Hong

Kong and abolish the death sentence there;

(b)

(c)

(a)

The Secretary of State could direct the Governor to use the

official majority in Hong Kong Legislative Council to pass

a Hong Kong law abolishing the death penalty;

The Queen could be advised to alter the Royal Instructions,

and possibly the Letters Patent, to provide that, the laws

of Hong Kong notwithstanding, the Governor must pardon or

reprieve all persons convicted of murder in Hong Kong;

As a temporary expedient, pending the formal amendment of

the Royal Instructions, The Queen, through the Secretary of

State could instruct the Governor to act as in (c) above.

CONFIDENTIAL

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