TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 48

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mercy.

3. The Queen cannot empty herself of the prerogative of

So long therefore as the death sentence is retained in

any dependent territory there will remain the possibility of

a petition to The Queen, upon which the Secretary of State

must advise Her. Once a decision has been taken on the basis

of the Tsoi case, it may be expected that virtually all

convicted prisoners will petition The Queen against a Governor's

decision not to reprieve. If decisions are then taken on the

basis of the political situation in Britain rather than in

the territory concerned the whole basis of the Governor's

position will have been changed and responsibility will have

been shifted from him to the Secretary of State.

circumstances the only possible remedy might have to be the

withdrawal of the delegated Prerogative of Mercy from Governors.

Moreover, while it is proposed that HMG should take

4.

In such

legislative action to abolish the death penalty in Hong Kong,

it would be well nigh unthinkable for HMG to legislate in

this way for other territories which have elected legislatures.

Total abolition throughout the territories is therefore not

possible.

5. The alternatives therefore seem to be either for the

Secretary of State to accept for the future the full responsibility

for exercise of the Prerogative of Mercy outlined in paragraph 3

above: or to draw a distinction between Hong Kong and the other

dependent terrirobies and to maintain the policy laid down

in the Circular Despatch of 13 May 1971, on the grounds that

/ decisions

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