TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 28

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consult his colleagues or some of them.

Despite the

(e)

7.

DOPC's earlier decision not to change the law, a

further paper for the committee will probably be needed

at least for the first specific case, which will set

the pattern.

We will also, as the Governor points out,

need to be sure that the Secretary of State can hold to

this decision. He may well wish for the political

advice of his colleagues on this point.

If the recommendation is to change the law, the depart-

ment will at the same time submit a draft DOPC paper

setting out the facts of the case and of the political

situation. We will do the same if it is decided to

consult Ministers without a recommendation of our own.

The Governor proposes that if Ministers decide that the

law must be changed, we should inform him within five weeks of

receiving his preliminary conclusions (or four weeks if we go

back to him with further comments), so that Executive Council

can be informed before an Order is presented to the Privy

Council. Again I think this is right. It contains the risk

that Unofficial Members of Executive Council might precipitate

a crisis. But on past form a crisis with Hong Kong is more

likely if we do not go through the forms of consultation.

Moreover there is the chance that Executive Council would

accept the logic of the situation and change the law themselves

or recommend a reprieve.

8.

He proposes that Executive Council should have three weeks

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