TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 105

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would I wish to do so. But this particular decision happened to come between the debates on the death penalty in general and in respect of Northern Ireland. To have allowed an execution to take place in Hong Kong at that time would have exposed us to severe criticism and a possible vote of censure. After seeking clarification from the Governor of some of the issues involved, I therefore advised The Queen to reprieve the Hong Kong murderer.

LL. This creates a problem for the future. Chinese opinion in Hong Kong is overwhelmingly in favour of the death penalty. The number of those who support abolition is small. They are mainly expatriates but include the Bishops. The Unofficial Members of Executive and Legislative Council, although not elected, support the popular view. They would reject a bill to abolish the death sentence in Hong Kong. We could not expect the Governor to force a bill through with the official majority and still to govern effectively. Action therefore must rest with us here. There are three possible courses:

a.

If we decide to leave the law of Hong Kong as it is I could still if necessary advise The Queen to grant a reprieve. But repeated departures from the long-established rule that the Secretary of State would not advise Her Majesty to intervene unless there had been a manifest miscarriage of justice or new evidence, could only lead to recurrent crises with Hong Kong, which would be very damaging. If we do nothing I believe we must also accept the possibility of occasional hangings in Hong Kong. A particularly bad case of double murder 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 case might be very damaging.

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. If, however, we 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 constitutional position in a way that would be resented in Hong Kong. The Hong Kong Chinese read the recent reprieve as implying that Hong Kong's direct concerns will always be disregarded if a balance has to be struck between them and the interests of HMG and the British Parliament. We have hitherto avoided a confrontation on this sensitive point which involves their confidence in the future.

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