TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 88

CONFIDENTIAL

CABINET

DEFENCE AND OVERSEA POLICY COMMITTEE

THE DEATH PENALTY IN THE

DEPENDENT TERRITORIES

PROBLEM

1. The dilemma is set out in the attached paper (DOP (73)49).

DEPENDENT TERRITORIES OTHER THAN HONG KONG

2. Our aim is to get the Committee to agree that in those

dependent territories (other than Hong Kong and New Hebrides)

where the death penalty still exists, we should not force a

change in the law.

HONG KONG

3. We need a decision on whether to change the law of Hong

Kong.

CONSIDERATIONS

4.

Speaking notes are attached.

Also attached are notes on

the constitution of Hong Kong and on the residual Royal

prerogative of mercy.

5. If the Committee decide that the law in Hong Kong should

stay as it is, we could try to make this more acceptable to

opinion in the House of Commons by:

(a) Putting the case to the House and asking them to support

it on a free vote. But this could be risky unless the

Whips believe the vote would be in favour.

CONFIDENTIAL

/(b)