TNAG-0403-FCO40-449-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 8

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Mr Youde

хочете

Sir D Watson Watson

DEATH SENTENCES HONG KONG

1.

On Stuart

LAST

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MEA

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We are still waiting for news of the Governor's intentions in the cases of Leung Ping-fat and Lam Po.

2.

Meanwhile you may wish to see his letter to me of 22 November which sets out the general line he thinks we should follow. His conclusion is that we will have at some time to abolish the death sentence against his advice. I know this is also the view of the Colonial Secretary, Mr Roberts, though the latter believes that the Hong Kong Government should explicitly accept this as according with the political realities in the UK and the constitutional relationship between Hong Kong and Britain.

3.

It may well be that we shall come to this at the end. But I am uneasy about the Governor's proposal. If we have to change the law it seems to me important that this should if possible be in circumstances of minimum friction between HMG and the Hong Kong Government. Saving the Governor's face is important but not overriding.

4.

I believe this means that we should follow as long as we can the policy laid down by DOP. This is in effect that:

(a) the Governor should reprieve all but the very

worst cases;

(b)

when a very serious case does arise we should if possible support the Governor's decision;

(c)

our

if for overriding political reasons in the UK we cannot do so, then, and only then, we should take steps to change the law. At that stage we should look to the Governor to minimise the damage relations, including putting it across to EXCO that the change is really inevitable and should be accepted.

This policy will put a strain on the Governor, since he will have to defend successive reprieves to Executive Council and, in the last resort, come close to defending British policy on abolition. But the present Governor has succeeded in establishing such an ascendency in Hong Kong that he has plenty of credit which can be expended there in a good cause.

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