TNAG-0403-FCO40-449-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 36

Mr Champion

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CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

Your minute of 8 November.

1. I would suggest that in place of the second part of your first paragraph we might tell the Governors straight that Ministers have considered the question and have decided not to interfere. Perhaps the following passage, derived from the minutes of DOP (73)17, would do in place of the passage after "Insofar as

2.

"2. Ministers have recently reconsidered this whole question and have decided that in the dependent territories where there are elected legislatures, the question of abolishing or retaining the death penalty must be left to local decision. The most important exclusion from this decision is Hong Kong where there are special problems and no elected legislature."

Having laid this on the line I think we can be a bit franker about the reasons why we want Governors to keep us informed of any sentences of death that are likely to be carried out. Perhaps the first part of your paragraph 2 might be reworded:

"Nevertheless, although we are not asking you to change the law, the carrying out of a death sentence in a dependent territory could obviously have political implications if it coincided with a debate in Farliament, such as the recent debate on the death penalty in Northern Ireland, or with further constitutional difficulty over a death sentence in Hong Kong. It is therefore important that we should have prior warning of any case in which the death sentence is likely to be carried out. I would be grateful therefore if you would in future inform us

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A similar change might be made in the alternative second paragraph for the New Hebrides.

3.

ACSL

A C Stuart

Hong Kong & Indian Ocean Department

9 November 1973

Copy to:

Mr Larmour Mr Nicholas Mr Huijsman Mr Preston

CONFIDENTIAL

DD 145177 219242 500M 4/73 GM 3643/2

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