TNAG-0401-FCO40-447-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 84

B

trial.

C

CONFIDENTIAL

Brief details are attached at Annex 1. We have no

comparable figures for the Associated States.

ARGUMENT

4. There are two basic options, namely to retain the death

penalty as at present, or to seek to abolish it. The latter

course could be achieved in three ways: by persuading the

Governments of the Dependent Territories in question to amend

their own legislation, by overriding legislative action in the

United Kingdom, and through the exercise of the Prerogative of

These alternatives are examined below.

Mercy.

a.

Retention of the Death Penalty

Part I of the Background Note attached as Annex 2

shows that from 1965-1973 the Elected Legislatures of

the Dependent Territories in question have consistently

opposed the abolition of capital punishment. If

capital punishment is retained the existing policy on

the exercise of the Prerogative of Mercy would also

remain unchanged. This was originally laid down by

the Secretary of State for the Colonies in 1947, and

subsequently reaffirmed by the Secretary of State for

Foreign and Commonwealth Affairs in May 1970, after a

re-examination in depth of the whole question following

the abolition of capital punishment for murder in the

United Kingdom in 1970 (see Part II of the Background

Note at Annex 2). That is, the Governors would retain

personal responsibility for the exercise of the

Prerogative of Mercy delegated to them by Her Majesty.

/Brovided

2

CONFIDENTIAL