TNAG-0401-FCO40-447-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 58

CONFIDENTIAL

But once the

their time as rubber stamps on Executive Council.

passions of the Tsoi case have died away, they are capable of

accepting that this is in the best interests of Hong Kong and

the best way to support an active and successful Governor. If

they did so, the logic of the situation would be for them to

consider their recommendation in each case as it arises, in the

light, among other things, of the current situation in Parliament,

and to accept that the Governor would do the same. The question

of further reprieves by The Queen might not then arise. On cool

reflection they might well prefer this to legislation which would

expose Hong Kong's impotence.

4. Sir Y K Kan's talk with the Secretary of State on 6 June

will provide an opportunity to explore this line. But we will

need to approach him with caution. We have not yet decided on

our own line or discussed it with the Governor. We must therefore

try to reach our own assessment of how far Executive Council will

co-operate, without putting the point directly to Sir Y K Kan.

5. This does not mean that Executive Council would be likely

to co-operate with us if they believed that we were finally

determined that the death penalty must never again be carried

out in Hong Kong, no matter how horrible the crime or how

hardened the criminal. They would argue that this meant that

the views of Hong Kong were not only subordinate but of no

account at all. If, therefore, Ministers decide that there must

This is the vital point for be no more executions in Hong Kong in any circumstances, a policy

decisim

Kummif

of inactivity would be likely to result in repeated confrontations

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CONFIDENTIAL

/with