TNAG-0403-FCO40-449-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 39

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དེ་ ་རིན་མས་པ་

PS TO FR ROYLE

CONFIDENTIAL

Minister

Sutary of 216

The Home office letter in

Нови

v. important. The Sots

with to are thme

DEATH SENTENCES HONG KONG

(213)

1.

•

-

Pasan

A.R.

Slate

Mr Stuart's submission of 26 October. In the circumstances following the Tsoi case, it is I think right that we should in this way bring to the Governor's attention in advance of his decision points (such as those made in the Home Office letter) bearing on the exercise of clemency in a particular case. But if, having taken them into account, the Governor should decide in discharging the personal responsibility laid upon him in these matters that the law should take its course, I would doubt if it would be compatible with the established "miscarriage of justice" formula for the Secretary of State to override the Governor on the grounds of disagreeing with his judgment on any such points. The knowledge that they had been taken into account, which would

presumably be reflected in the Governor's reasons for his decision, would on the other hand assist the Secretary of

State in upholding such a decision.

2.

It would incidentally seem to be very uncertain, having regard to Lam Po's attitude, whether in this case an appeal to The Queen for the exercise of the residual prerogative

would in fact be made. If it is not, there would be no question of the Secretary of State formally upholding the Governor's decision in advice to The Queen. But this would

not preclude a decision to change the law if Ministers were

to reach the conclusion that the death penalty could not be allowed to be put into effect.

Dan Watin

26 October 1973

Copies to:

Mr Youde (or)

Mr Rushford

PS/PUS

PS

CONFIDENTIAL

(Duncan Watson)