TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 112

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(16941) Dd.897300 250m 9/72 G.W.B.Ltd. Gp.863

NOTHING TO BE WRITTEN IN THIS MARGIN

CONFIDENTIAL

the next serious case arises (to change the law in

the immediate context of a particularly bad case

might be very damaging); (iii) take early steps to

change the law in Hong Kong by an Order in Council.

LINE TO TAKE

The Secretary of State will not wish to

recommend any particular course of action to his

colleagues but will wish to invite them to discuss

the alternatives fully.

SPEAKING NOTES

Although it would be neater and would help with

the situation in Hong Kong to abolish Capital

Punishment in all Dependent Territories, I hope you

will agree that HMG should respect the views of

those dependent territories where their legislative

assemblies have made their views on the retention

of the death penalty absolutely clear. That is all

dependent territories except Hong Kong and the New Hebrides (where we should run into great difficulties

with the French if we wished to change the law.

..)

If this conclusion is accepted then any possible

action would be specific and isolated to Hong Kong

and such differentation between Hong Kong and the

other territories would have to be defended in

Parliament on the grounds simply of the constitutional

position, e. that it is the only dependent territory where HMG still exercises straight Crown

Colony powers.

/The....

2

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