TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 113

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CONFIDENTIAL

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The basic issue as regards Hong Kong is whether

the political situation in the United Kingdom requires

the abolition of the death penalty there. The Governor

"the

would like to see matters left as they are

sparing use of the death sentence" But if we

•

decide that there must be no more executions in

Hong Kong in any circumstances, a policy of inactivity

would be likely to result in repeated confrontations

with the Executive Council, into which the Crown

could be drawn by the continued use of the residual

prerogative of mercy. If Ministers feel that this

is not acceptable, and the retention of capital

punishment in Hong Kong not acceptable to Parliamentary

opinion here, the question is whether legislative

action to abolish the death penalty should be taken

at once, or (as the Governor recommends) delayed

until it is forced on us by a case in which it is

virtually impossible for him to grant a reprieve.

This tactic would give us a breathing space, but

it is not likely to be prolonged. There is a case of

an alleged double murderer coming up for

consideration by Executive Council in a few months'

time. The Governor has promised us six weeks'

notice which would give us 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). However, the danger of this course is

that to abolish the death penalty in obvious

juxtaposition to, and anticipation of, a case as

/serious...