TNAG-0401-FCO40-447-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 47

CONFIDENTIAL

M. Royle would like to

120

A

PS MR ROYLE

Minute Mess.

See

There

papers after

PRIVATE SECRETARY

1.

2.

I attach two submissions:-

the secretary of State has

seen

Rem.

(i) On capital punishment in Hong Kong

(ii) On capital punishment in the other dependent territories.

The conclusion of the second submission with which I agree, is against action to abolish the death penalty by UK legislation in those territories which have elected legislatures (ie all except Hong Kong and the New Hebrides, where we should run into great difficulties with the French).

4.

3. If that conclusion is accepted, the bearing on the Hong Kong issue is that action there would be specific and isolated, and the differentiation between Hong Kong and the other territories would have to be defended in Parliament on the grounds simply of the constitutional position ie that it is the only dependent territory where HMG still exercises straight Crown Colony powers.

As Mr Stuart's submission makes clear, the basic issue as regards Hong Kong is whether the political situation in the UK requires the abolition of the death penalty there. The Governor would like to see matters left as they are

"the

sparing use of the death sentence". But if Ministers feel that this would not be acceptable to Parliamentary opinion here, the question whether legislative action to abolish the death penalty should be taken at once, or (as the Governor recommends) delayed until it is forced on us by a case in which it is virtually impossible for him to grant a reprieve, is nicely balanced. 5. The purpose of submission at this stage is to set out the issues for the Secretary of State in advance of his meeting with

Sir Y K Kan tomorrow. That will give some reflection of opinion among the Governor's unofficial advisers, but for the reagons indicated in paragraph 4 of Mr Stuart's submission the talk with him will necessarily have to be very cautious and tentative. Thereafter the Secretary of State may wish to discuss the matter further with us before consulting his colleagues.

2

Draw Wation

5 June 1973

(Duncan Watson)

CONFIDENTIAL