TNAG-0401-FCO40-447-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 12

CONFIDENTIAL

consulting Parliament without even expressing his own opinion

would have a bad effect in Hong Kong. I have not mentioned

the other ideas of a referendum in Hong Kong, or of asking

Unofficial Members of Hong Kong's Legislative Council to

express their own view on a free vote, as the nearest thing

we can get to an expression of democratic opinion within the

Hong Kong constitution. There are arguments for and against

these propositions which can be covered in the brief. But

they do not allow a way of escaping from the underlying choice.

3. The Secretary of State told Sir Y K Kan that we would not

be in a hurry. And Mr Royle suggested that we might not take

a decision until the autumn. On the other hand, if we do not

consult DOP before the summer recess, there is a risk that we

shall run up against the case of the alleged double murder.

This would mean adopting the second option (of delay) by default.

I think we should consult Ministers now, even if the decision

provide

is to take no decision for the time being.

4. The draft paper has been agreed by Gibraltar and General Department and the department's legal adviser.

18 June 1973

Copy to:

Mr Larmour Sir E Norris Mr Rushford

PS Lord Balniel

Mr Champion

ACBA

A C Stuart

Hong Kong & Indian

Ocean Department

I think this paper sets out

the dilemma well. The

Mr Huijsman be decided Mr Roberts

Mr Nicholas Hicials

recommandation.

留 WIL །

is sue

which

hardly make a

GT

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Kun kellford 7%

CONFIDENTIAL