TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 71

114

7.

سقا ا

Duncer

Sir Duncan Watson

P.S. With Royle.

Public statements

CONFIDENTIAL (CABINET PAPERS ATTACHED)

Sir D. Katson

Agreco. A.R.2/7

151

HKK14/16.

to favour cording

an possible.

A.R. 22/

7

DEATH PENALTY IN THE DEPENDENT TERRITORIES

1. The future of the death penalty in the dependent territories

was considered by the Defence and Oversea Policy Committee on

11 July.

Ministers then decided that the question of abolishing

or retaining the death penalty must be left to local decision in

those dependent territories where there are elected legislatures.

2. So far as Hong Kong is concerned, Ministers agreed not to

abolish the death penalty against the clear advice of the

Governor and in view of the strong desire of the people of Hong

Kong that it should be retained.

3.

Ministers did not, however, finally rule out the possibility

of a reprieve by The Queen on grounds other than a miscarriage of

justice. There is a clear implication that the Governor will

need to take account of political opinion in this country and how

it would view a particular case, before deciding whether to

exercise the prerogative of mercy.

4.

Since the Ministers' decision was taken we have received

further advice from the Governor (Hong Kong telegrams Nos 788 and

789). He has recommended once again that the law should not be

changed, and to this extent he will welcome Ministers' decision.

But in considering the consequences he does not specifically deal

with the fact that, if conflict is to be avoided, both he and,

ideally, Executive Council will need to remember the British

/political

CONFIDENTIAL (CABINET PAPERS ATTACHED)