TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 68

CONFIDENTIAL

5. ANOTHER COURSE MIGHT BE FOR YOUR LETTERS PATENT AND ROYAL

INSTRUCTIONS TO BE AMENDED IN SUCH A WAY THAT YOU ARE DIVESTED OF

THE RESPONSIBILITY FOR EXERCISING LOCALLY THE ROYAL PREROGATIVE OF

MERCY, WHICH WOULD INSTEAD BE EXERCISED IN RELATION TO THE COLONY BY ME. I SHOULD WELCOME YOUR COMMENTS ON THIS AND ON THE REACTION

IN HONG KONG IF THIS WERE TO BE DONE.

6. WE HAVE CONSIDERED WHETHER THE AVOIDANCE OF EXECUTIONS COULD BE

ACHIEVED BY ACTION SHORT OF STATUTORY LEGISLATION, I AM ADVISED THAT

IT WOULD BE CONSTITUTIONALLY IMPROPER TO ABROGATE CAPITAL PUNISHMENT

BY ADMINISTRATIVE ACTION IN THE ABSENCE OF AN AMENDMENT TO THE LAW.

THE EXERCISE OF THE PREROGATIVE OF MERCY MUST BE RELATED TO THE

CIRCUMSTANCES OF EACH PARTICULAR CASE, BUT THE CONSTITUTIONAL POSITIQ

REMAINS THAT IT WOULD NOT BE PROPER TO DETERMINE IN ADVANCE THAT

THE EXERCISE OF THE PREROGATIVE OF MERCY WOULD BE RECOMMENDED IN

ALL CASES. HOWEVER, IT IS PROPER FOR YOU AND FOR ME, AND FOR THE EXECUTIVE COUNCIL IN GIVING ADVICE TO YOU, TO HAVE REGARD TO ALL

RELEVANT CONSIDERATIONS. THESE INCLUDE THE SPECIFIC FACTS OF THE

CASE IN QUESTION, THE GENERAL SITUATION IN HONG KONG AND IN THE UK AND PUBLIC OPINION IN HONG KONG AND THE UK. IT MAY BE POSSIBLE BY

TAKING ALL THESE FACTORS INTO ACCOUNT TO REACH A RESULT IN ANY

PARTICULAR CASE WHICH WOULD NOT CREATE UNACCEPTABLE PARLIAMENTARY

DIFFICULTIES IN THIS COUNTRY.

7. I HAVE AN OPEN MIND ABOUT THESE ALTERNATIVES AND FURTHER STUDY

OF THEM IS NEEDED, BUT I SHOULD WELCOME YOUR VIEWS,

DOUGLAS-HOME

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