TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 13

PRIORITY

CYPHER/CAT A

EPS 400

FM HONG KONG 290305Z

CONFIDENTIAL

CONFIDENTIAL

NICK TYLK 14/16

198

TO PRIORITY FCO TELNO 965 OF 29 AUGUST. 1973

DEATH SENTENCES IN HONG KONG.

ila

امان

180

1. I REFER TO MY TELNO 849 DATED 1 AUGUST, WHICH EMPHASISED THE NEED TO WORK OUT CONTINGENCY PLANS SO THAT POLICY AND PROCEDURES COULD BE FINALLY AGREED WHEN SIR MURRAY MACLEHOSE IS IN LONDON

IN EARLY SEPTEMBER FOR CONSULTATIONS.

2. I AM SURE THAT YOU WILL AGREE THAT IT WOULD NOT BE TOLERABLE

FOR THE GOVERNOR TO BE OVERRULED AGAIN AND I THEREFORE PROPOSE

THAT THE FOLLOWING PROCEDURE SHOULD BE INSTITUTED IN A DIFFICULT

CASE, THAT IS TO SAY ONE IN WHICH THERE APPEAR TO BE NO SUBSTANTIAL

MITIGATING FACTORS.

3. (A) AFTER THE DISMISSAL OF THE CONVICTED MAN'S APPEAL TO THE

FULL COURT OR AFTER THE TIME ALLOWED TO LODGE AN APPEAL IN THAT

COURT HAS EXPIRED, THE GOVERNOR SHOULD DECIDE WHETHER HE WOULD ALLOW

THE LAW TO TAKE ITS COURSE IF SO ADVISED BY EXECUTIVE COUNCIL

(IT IS VERY UNLIKELY THAT EXECUTIVE COUNCIL WOULD ADVISE AGAINST AN EXECUTION WHICH THE GOVERNOR WAS PREPARED TO ALLOW):

B) THE GOVERNOR WOULD THEREUPON WARN THE SECRETARY OF STATE OF THE GOVERNOR'S LIKELY DECISION AND FORWARD TO HIM ALL THE RELEVANT

PAPERS:

C) IF THE GOVERNOR INFORMS THE SECRETARY OF STATE THAT HE WOULD REPRIEVE, THEN HE MUST STAND BY THIS, IF NECESSARY REJECTING ANY ADVICE FROM EXECUTIVE COUNCIL THAT THE ACCUSED SHOULD BE

EXECUTED:

(D) IF THE GOVERNOR NOTIFIES THE SECREATRY OF STATE THAT HE WOULD ALLOW THE LAW TO TAKE ITS COURSE, THEN THE SECRETARY OF STATE WILL TAKE ONE OF THE TWO COURSES SET OUT IN PARAGRAPH (E) WITHIN 5

WEEKS OF THE DATE ON WHICH THE GOVERNOR SO NOTIFIES HIM:

My Stuart

Ras submitted

pa

впл

30/8

CONFIDENTIAL

/(E)