TNAG-0401-FCO40-447-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 16

CONFIDENTIAL

believe we must also accept the possibility of

occasional hangings in Hong Kong. A particularly

double murder

bad case is expected to come up within six

months.

b)

We could decide to postpone a decision

until the next serious case arises and in the

meantime avoid a confrontation with Hong Kong.

But this course could be dangerous if we decide,

now or later, that there must be no more

executions in Hong Kong. To change the law in

the immediate context of a particularly bad

though case might be very damaging, but this is 2

course that the Governor favours.

c) We could decide now that the death

penalty must be abolished. In that event we

should be prepared to do this here - by Order

in Council within the next few months.

Parliament would probably welcome this.

Fat however,

If we

showever,)

allow the other Dependent Territories with

elected legislatures to choose for themselves,

but abolish the death penalty in Hong Kong,

this would draw attention to Hong Kong's

in a way that would be resented in Hong Kong. constitutional position The Hong Kong

Chinese read the recent reprieve as implying

that Hong Kong's direct concerns will always

has to be

be disregarded if a balance is struck between

them and the interests of HMG and the British

Parliament.

We have hitherto avoided a

- 4 - CONFIDENTIAL

/confrontation

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