TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 6

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

(c) to consult with his ministerial colleagues,

either without a recommendation, or recommending

that the law be changed.

If Ministers decide that the law must be changed, we should

inform the Governor within five weeks of receiving his prelimi-

nary 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. The

Executive Council would then have three weeks for consideration.

This makes the timetable eight weeks in all. An Order in

Council would then be made (the legal aspects of a draft Order

having been cleared in advance with Hong Kong). If the

Executive Council decision is known before the end of their

three week period, we should in normal circumstances be able

to make the Order in Council within the overall eight week

period or very shortly thereafter. If a delay of more than a

week or two is expected we could, less satisfactorily, announce

publicly our intention to change the law.

4.

There is one point in this procedure which has been

queried by Sir Hugh Norman-Walker. When the Governor warns

the Secretary of State of his likely decision to let the law

take its course we would hope that it would still be open to

us to send comments which might conceivably help him to review

his decision.

5. Sir Hugh Norman-Walker thinks that a running argument

about the details of a case is undesirable and he hopes the

/Secretary

2

.CONFIDENTIAL

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