TNAG-0401-FCO40-447-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 14

CONFIDENTIAL

change the law would therefore involve over-

riding the wishes of elected legislatures and

I do not think we should do

Governments.

this.

Apart from the constitutional and

political implications, enforced abolition

would breach the principle of a free vote.

It could also lead to difficulty over the Isle

of Man and Jersey. I therefore think that we

must leave the death penalty as it is in

those Dependent Territories where there are

elected legislatures, and be prepared to

defend this in Parliament,

This implies that it

there is a petition to the Queen against the Govenors docision in these 3. This leaves Hong Kong.

Since 1966 every

convicted murderer there has been reprieved

by the Governor, with or without the agreement

of his Executive Council. But in April this

year the present Governor decided in a

particular case that this was no longer

possible. The Governor's power of reprieve

is delegated to him personally under the

constitution of Hong Kong. In normal circum-

stances it would be very difficult for me to

interfere or to advise The Queen to use Her

residual prerogative of mercy; nor would I

wish to do so. But this particular decision

happened to come between the debates on

the death penalty in general and in respect

of Northern Ireland, To have allowed an

execution to take place in Hong Kong at that

CONFIDENTIAL

/time

tetonas, were there a Zmiscantage

I should unless too. that the low should

take its course, and be prepared to defend this in partaiment.

This is

wrong

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