TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 23

GRSZO

ORITY

SECRET

CYPHER/CAT A

if

FM FCO 221495Z

(HK)

SECRET

HKLK14/16

TO PRIORITY GOVERNOR HONG KONG TEL NO 829 OF 22 AUGUST. 1973.

FOLLOWING FOR ACTING COVERNOR FROM GOVERNOR.

DEATH SENTENCES.

NOF

(172)

1. I HAVE DELAYED REPLY TO YOUR TELEGRAM 243 UNTIL FCO COULD

CONFIRM MY IMPRESSION THAT LEUNG'S CASE WAS NOT SO URGENT AS

YOUR TEL 902 TO FCO SUGGESTED. AS THEY HAVE NOW DONE THIS NO

SPECIAL PROCEDURE FOR THIS CASE IS NECESSARY.

2. DURING MY VISIT TO LONDON IT EMERGED:-

(A) THAT FCO LEGAL ADVICE IS THAT THE DEATH PENALTY IN HONG

KONG COULD BE ABOLISHED BY A UNITED KINGDOM ORDER IN COUNCIL 1.E. AT COMPARATIVELY SHORT NOTICE (SOURCE MR CROWSON),

(B) THAT IT IS ACCEPTED THAT THE SITUATION MUST BE AVOIDED IN

WHICH THE GOVERNOR'S DECISION TO ALLOW THE LAW TO TAKE ITS COURSE IS OVER-RULED AGAIN (SOURCE MR ROYLE).

3. AGAINST THIS BACKGROUND I SUGGEST YOU PUT THE FOLLOWING

PROCEDURE TO THE FCO :-

(A) AFTER THE APPEALS PROCEDURE IS EXHAUSTED THE GOVERNOR SHOULD

DECIDE WHETHER HE WOULD ALLOW THE LAW TO TAKE ITS COURSE IF SO

ADVISED BY EXECUTIVE COUNCIL, AND INFORM THE SECRETARY OF STATE, AND SEND THE RELEVANT PAPERS (N.B. IT IS MOST UNLIKELY THAT

EXECUTIVE COUNCIL WOULD ADVISE AGAINST AN EXECUTION WHICH THE

GOVERNOR WAS PREPARED TO ACCEPT).

(B) IF THE DECISION NOTIFIED TO THE SECRETARY OF STATE IS NEGATIVE THE GOVERNOR MUST STAND BY IT, IF NECESSARY, REJECTING ANY CONTRARY

EXECUTIVE COUNCIL ADVICE,

SECRET

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