TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 26

CONFIDENTIAL

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decision except in the context of a specific case. The problem

is to ensure that we could take the necessary action within the

time available.

ARGUMENT

3. I think we must accept the Governor's advice that for him

to be publicly overruled again, on grounds other than a mis-

carriage of justice, would cause an unacceptable crisis in

Hong Kong. This does mean that the device of a reprieve by

The Queen is no longer appropriate, since this could only

properly come, under the present constitution, after the Governor

had finally decided that the law must take its course.

There

4. Similarly if the same sort of crisis is to be avoided by

changing the law, this would have to be done before Hong Kong's

Executive Council had considered the case and before the Governor

had taken the formal decision that the prisoner must hang.

is a legal difficulty, since the Governor cannot properly take

the final decision on a reprieve without the advice of his

Executive Council. But in practice he will be sure, and will be

able to advise us in advance. Sir Murray MacLehose has himself

realised this and has proposed to the Acting Governor (see his

draft telegram attached) that he should give us eight weeks

notice of his probable decision, and equally important, that he

should stick to that decision if it is for a reprieve.

5. I think that the procedure proposed by the Governor is the

right one, and gives us adequate time to act. But since for us

to change the law at any stage would also precipitate a crisis,

/even

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CONFIDENTIAL