TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 115

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

5.

the Unofficials vote, this could lead to a worse

crisis.

(c)

I could

Parliament here could be consulted.

make a statement, to be followed by a debate and a

free vote. The advantage of this would be that it

would present the issue to the House in a straight-

forward way and in an atmosphere which would be quite

different from that of a debate after a hanging in

Hong Kong. It is possible that a free vote might

support HMG's wish to back the Governments of

dependent territories.

If on the other hand, as

seems more probable, a free vote did not come out in

favour, then HMG would be a in a much stronger

position vis-a-vis Hong Kong. We would have to

introduce legislation in accordance with the will

of the House to abolish the death penalty, but it

would be clear to the Government and people of Hong

Kong that HMG had argued their case for them and

been defeated. There would be a crisis in relation

to Hong Kong but we would have no option and it

would be much easier for HMG to ride through it.

This line of approach pre- supposes that we want

to persuade Parliament to leave the law as it is, and

I think it would only work if the Whips think that

Parliament would agree. If however, the vote were

in favour of abolition, I think the effect in Hong

Kong would be bad. Their suspicion would be

confirmed that they are subject to the whim of

Parliament, rather than to their own political needs

or even the considered opinion of HMG. The idea

of consulting Parliament could also be made to run

/without....

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