CONFIDENTIAL
SPEAKING NOTES
1.
The dependent territories set out in the DOP paper
(other than Hong Kong and the New Hebrides) have elected
legislatures. They are strongly in favour of retaining the
death penalty. We could not change this without a consti-
tutional row. We would also breach the principle of the
free vote and give ourselves difficulty in the Channel
Islands and the Isle of Man.
2. I conclude that we should take no steps to alter the
law or to change the present situation. This means that if
the Governor concerned decides that an execution must take
place, I would not advise The Queen to use Her residual
prerogative of mercy unless there were clear signs of a
miscarriage of justice. We would be questioned in the House
about any executions in these cases, but I believe we could
answer these questions by reference to the principle of a
free vote.
H.K 3.
The difficulty with Hong Kong is the lack of credible
representative institutions. The Unofficial Members of
Executive and Legislative Councils are all appointed by the
Governor. There is also an official majority. The Unofficials
are mostly wealthy businessmen.
It is therefore difficult to
maintain that they are the representatives of the people.
4. We might have faced a vote of censure over the Tsoi case.
The timing of that case was very unfortunate, and we might not
CONFIDENTIAL
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