TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 84

CONFIDENTIAL

B) REMOVING THE DEATH PENALTY FROM THE LAWS OF HONG KONG BY

CONSTITUTIONAL PROCESS IN THE U.K.

5. IF THE ROYAL PREROGATIVE OF MERCY WERE TO BE USED AGAIN TO QVERRULE THE GOVERNOR'S DECISION LOCAL INDIGNATION WOULD BE VERY GREAT, FURTHER, THE SPECTACLE OF THE GOVERNOR-IN-COUNCIL BEING OVERRULED IS THOROUGHLY BAD FOR THIS GOVERNMENT'S AUTHORITY AND A REPETITION SHOULD NOT BE RISKED. FINALLY, IN MY VIEW AND THAT OF MY OFFICIAL AND PRINCIPAL UNOFFICIAL ADVISERS, THE ROW WOULD BE SO GREAT AS TO BE NOT SIGNIFICANTLY LESS THAN THAT WHICH COURSE (B) WOULD PROVOKE. COURSE (B) WOULD THEREFORE BE THE LESSER EVIL FOR ALL THESE REASONS, AND BECAUSE IT WOULD, IN A LEGAL SENSE (THOUGH NOT A POLITICAL ONE), END THE MATTER, AND EXTRACT US BOTH FROM THE PRESENT INTOLERABLE SITUATION.

6. WE CANNOT COUNT ON A FURTHER RUN OF LUCK LIKE THAT BETWEEN 1966 AND 1973 IN WHICH ALL CASES HAD SOME MITIGATING CIRCUMSTANCES. NOR WILL MEMBER OF EXCO AGREE TO BEND THEIR ADVICE SO AS TO ACHIEVE THIS RESULT REGARDLESS OF THE FACTS. FOR THE TIME BEING NO CASE WITHOUT MITIGATING CIRCUMSTANCES IS IMMINENT, BUT INEVITABLY SOONER OR LATER THERE WILL BE ONE, AND I FEAR WE MUST THINK IF THE RESPITE

IN TERMS OF MONTHS RATHER THAN YEARS. WHEN THERE IS I CAN GUARANTEE 8 WEEKS NOTICE BEFORE IT IS TAKEN BY EXCO. IF AT THAT TIME YOU CANNOT CONTEMPLATE THE LAW TAKING ITS COURSE, OR AMENDING THE LAW TO RETAIN THE PENALTY FOR CAPITAL MURDER ONLY, THE LESSER EVIL WOULD BE TO ADOPT COURSE (B).

7. AN ESSENTIAL ELEMENT IN COURSE (B) WOULD BE FOR YOU TO GIVE EXCO WARNING OF WHAT YOU PROPOSE, AND TO GO THROUGH THE MOTIONS OF SEEKING CONCURRENCE, FRUITLESS THOUGH THIS WOULD BE, AND TO DO SO WITHOUT EXCESSIVE HASTE. IT WOULD THEREFORE BE NECESSARY TO BE ABLE TO MOVE VERY FAST INDEED AFTER I GAVE NOTICE OF A CASE BEING

IMMINENT.

8. IF YOU NOW CONSIDER THAT IT WOULD NEVER REPEAT NEVER BE POSSIBLE TO ADOPT EITHER OF THE COURSES IN PARAGRAPHS 2 AND 3, IT WOULD BE PREFERABLE TO CONSULT TOGETHER NOW ON WHAT WOULD BE THE MOST SUITABLE TIME TO ABOLISH THE SENTENCE, RATHER THAN WAIT UNTIL A CASE ARISES: BUT SEE MY IMMEDIATELY FOLLOWING TELEGRAM.

MACLEHOSE

FILES:

HKIOD

G & G D

LEGAL ADVISERS

NEWS D

PS MR.

ILFORD MR. LARMOUR SIR D. WATSON

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