TNAG-0401-FCO40-447-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 59

CONFIDENTIAL

Flag A

with Executive Council, into which the Crown could be drawn by

continued use of the residual prerogative of mercy.

6. The alternative is to abolish the death penalty in Hong

Kong. Sir Murray MacLehose has, however, urged that confron-

tation on this issue should be avoided by postponing the decision

until we are faced with a case where it is virtually impossible

for him to grant a reprieve. This is the second option. This

tactic would give us a breathing space, but it is not likely to

be prolonged. In his telegram No 574 the Governor reports that

the case of an alleged double murderer may come up for consider-

ation by Executive Council in three or four months' time. This

man was originally convicted of setting fire to a shop and killing

a number of innocent people. He was reprieved by the Acting

Governor in 1972 against the unanimous advice of Executive Council.

He has since been accused of killing another prisoner in Stanley

Prison. Even if Executive Council members were prepared to accept

that there was an element of policy in the decision to hang Tsoi,

they would be unlikely to admit this in the case of the double

killing if the accused is convicted. They and the public of

Hong Kong are therefore likely to regard this case as a test of

our ultimate intentions.

7. The Governor promises us six weeks' notice. If Ministers

so decided, this would be sufficient time for an Order in Council

abolishing the death penalty in Hong Kong to come into effect

(though there might be practical problems if the need arose during

the summer recess). But, although the Governor prefers this to

/immediate

- 3 -

CONFIDENTIAL