TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 45

CONFIDENTIAL

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(b)

of a Governor of a dependent territory which retained

the death penalty would be radically altered;

the Secretary of State would henceforth be concerned in

all capital cases arising in such territories since no

defence counsel would forgo the option of a petition to

The Queen.

These two considerations might make it very difficult to preserve

the present policy in these matters set out in FCO circular

despatch of 13 May 1971.

4. The Secretary of State also asked for the Governor's

views on the possibility of a sounding of public opinion in

Hong Kong, including the Executive and Legislative Councils,

on the issue of capital punishment. The Governor's first

comments (Hong Kong telegrams No 515 paragraph 4 et seq and

516) foresee difficulties for the future in an extended enquiry

of the kind suggested and advised of the dangers if HMG were

unable to accept the outcome of such a survey. Since the

outcome of such a survey is a foregone conclusion in the

Governor's, and our, view Mr Royle decided that it would be a

mistake to pursue the proposal.

5. It was also Mr Royle's view that since Hong Kong had no

elected Legislature and HMG had full rights to legislate in

respect of the Colony it was both possible and desirable for

HMG to abolish the death penalty in Hong Kong by unilateral

action

probably by Order in Council.

No other course would

/ be

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