TNAG-0401-FCO40-447-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 142

CONFIDENTIAL

Reference.......

SHFORD

Mr Rushford (Legal Adviser K 188)

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ORDERS-IN-COUNCIL

I should be grateful for your advice concerning our reply to the attached circular from Legal Executive Branch enquiring about Orders requiring Affirmative Resolutions.

If the current consideration of future policy on the death penalty in Hong Kong should result in an Order-in-Council for abolition, would such an Order require an Affirmative Resolution?

I have looked up procedures in Diplomatic Service Procedure (Vol. 2 Chapter 9) and in Departmental Practice for Dependent Territories, but I am not sure which type of Order would be applicable in this instance. I should be grateful for your advice.

If it would be an Order in Council requiring an Affirmative Resolution, whether or not it would need to be made before the Summer adjournment depends on the time-scale imposed by cases in the pipe-line in Hong Kong. This has not yet been established.

P.M. Kelly

P. M. Kelly (Miss) Hong Kong & Indian Ocean

Dept.

(K 245 Ma 632)

18 May 1973

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