TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 49

GRFS 520

PRIORITY

CYPHER/CAT A

FM HONG KONG 010515Z

CONFIDENTIAL

CONFIDENTIAL

166

•

тор со

сору

P10014/16

TO PRIORITY FCO TELNO 840 OF 1ST AUGUST, 1973.

DEATH SENTENCES IN HONG KONG.

156

178

I HAVE RECEIVED SIR DUNCAN WATSON'S LETTERS OF 24TH JULY.

156)

2.

MR. ROBERTS WILL BE REPLYING TO THE PARAGRAPH 3 IN WHICH HE ASKS FOR STATISTICS.

3. WITH RESPECT THESE LETTERS LACK THE CLARITY THAT IS ESSENTIAL -

IF WE ARE TO EXTRICATE OURSELVES FROM THE DAMAGING PREDICAMENT

WE ARE IN.

(A)

(B)

5.

Sad galt

AM I CORRECT IN CONCLUDING THAT IN EFFECT THE DECISION IS: NOT TO ABOLISH THE DEATH PENALTY IN HONG KONG, BUT

REVOKE THE 1947 POLICY ON THE EXERCISE OF THE PREROGATIVE OF MERCY (PARA. 2 OF DESPATCH REFERENCE: HXC 14/581/3 OF 13

MAY 1971). THAT IS TO SAY THAT MINISTERS NOW RESERVE THE RIGHT

TO ADVISE THE QUEEN TO USE HER PREROGATIVE OF MERCY ON

GROUNDS OTHER THAN MISCARRIAGE OF JUSTICE?

IF SO, THOUGH IT GIVES US TIME, IN ESSENCE IT MERELY FORMALISES THE POSITION REACHED OVER TSOI, AND I TAKE IT WE ARE ALL AGREED THAT SUCH A CASE MUST ON NO ACCOUNT BE REPEATED. IT IS THEREFORE A THOROUGHLY DANGEROUS POSITION ON WHICH TO STAND UNLESS COUPLED WITH.

CONTINGENCY PLANS TO COPE WITH A CASE IN WHICH A REPRIEVE IN HONG

KONG WAS NOT COMPATIBLE WITH THE LAW AS IT STANDS. WHILE I CAN GUARANTEE 8 WEEKS NOTICE OF SUCH A CASE COMING TO EX.CO. (MY TELNO 788, PARA 6) I CANNOT GUARANTEE MORE. MOREOVER IF IT IS DECIDED

I

TO ABOLISH THE DEATH SENTENCE IT WOULD BE NECESSARY TO FIND TIME WITHIN THE 8 WEEKS TO CONSULT EX.CO. (PARA. 7 OF MY TELNO 788).

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IT IS THEREFORE ESSENTIAL THAT WE WORK OUT CONTINGENCY PLANS AT ONCE.

6. PLEASE THEREFORE LET ME KNOW:

CONFIDENTIAL

/ (A) WHETHER