TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 75

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IMMEDIATE

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CONFIDENTIAL

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TO IMMEDIATE HONG KONG (PERSONAL FOR GOVERNOR) TELEGRAM NUMBER 446

OF 8 MAY. 1973

PERSONAL FOR GOVERNOR FROM SECRETARY OF STATE.

DEATH SENTENCE

1. YOU WILL HAVE SEEN FROM A SEPARATE TELEGRAM THAT I HAVE ASKED FOR A PSYCHIATRIC REPORT SINCE I THINK THAT IN REVIEWING THIS CASE MUST BE SATISFIED THAT ABSOLUTELY EVERY CONSIDERATION HAS BEEN TAKEN INTO ACCOUNT AND SHOULD I DECIDE THAT THE LAW SHOULD TAKE ITS COURSE AND I COULD THEN SAY SO PUBLICLY,

2. I AM GLAD THAT ANDREW STUART IS COMING OUT TO HONG KONG ON OTHER BUSINESS AND HAVE ASKED HIM TO TALK TO YOU ABOUT THE WHOLE BACK- GROUND WHICH IS VERY DIFFICULT. YOU WILL NOT BE SURPRISED TO HEAR THAT THERE IS QUITE A GROUNDSWELL DEVELOPING AMONG MEMBERS OF PARLIAMENT ABOUT THE DEATH PENALTY IN HONG KONG AND THIS IS AN INTENSELY EMOTIONAL ISSUE. IT IS, AS HAS ALREADY BEEN EXPLAINED, A VERY UNFORTUNATE COINCIDENCE THAT WE HAVE JUST HAD A VOTE IN PARLIAMENT ABOUT THE DEATH PENALTY IN THE U.K. AND THAT A DECISION HAS BEEN TAKEN AND WILL SHORTLY BE ANNOUNCED TO ABOLISH IT IN NORTHERN IRELAND. IN ALL THESE CIRCUMSTANCES I AM AFRAID THAT AN EXECUTION NOW IN HONG KONG WOULD LEAD, AS YOU SAY IN PARAGRAPH 3 CF YOUR TELEGRAM NO 490, TO A PROLONGED PUBLICISED AND BITTER RUNNING BATTLE IN WHICH HONG KONG WAS SUBJECT OF DAMAGING POLITICAL

CONTROVERSY.

3. THIS LEADS ME TO THINK THAT WE NEED A REVIEW OF POLICY ON THE DEATH PENALTY BY YOUR EXECUTIVE AND LEGISLATIVE COUNCILS, I WOULD LIKE TO KNOW WHAT YOU THINK ABOUT THIS YOURSELF AND ABOUT THE MODALITIES AND PRESENTATION. TO SATISFY PARLIAMENTARY OPINION HERE

CONFIDENTIAL

/ IT WOULD

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