TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 43

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But the Cabinet minutes appear to indicate that if another

Tsoi-type situation were to arise here, Ministers might

consider overruling the Governor again. The Governor's view

is that, if that happened, he could no longer retain credibility.

He would therefore prefer that the death penalty in Hong Kong

should be abolished before he had to take a decision not to

reprieve. He could give us 8 weeks notice of any such case

coming to ExCo.

5.

To take the Governor's questions seriatim:-

(a) I think we in the department must agree, in the light

of the Governor's view, that it would be preferable to

legislate the death sentence out of Hong Kong rather than

overrule him again. But this would presumably have to be

considered again in the DOPC, in the light of the decision

last time.

(b) If an Order in Council were to be made for Hong Kong,

it would be under the Royal Prerogative; no Parliamentary

procedures would be involved. The department's Legal

Adviser considers that it should be possible to get an

Order in Council made within 8 weeks. He has already

produced a first draft.

of the

Meetings with Privy Council usually

occur at intervals of 3 to 4 weeks (less frequently during

the summer recess). In case of necessity, a special meeting

could be arranged. The Legal Adviser considers, however,

that, if for any reason it proved impossible to get an Order

/in Council

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