TNAG-0404-FCO40-450-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 20

CONFIDENTIAL

4. I PERSONALLY AM MOST ANXIOUS THAT WE SHOULD NOT GET INTO THE POSITION OF HAVING TO CHANGE THE LAW OF HONG KONG AGAINST THE WISHE

OF THE HONG KONG GOVERNMENT. EVEN IF YOU WERE ABLE TO MAINTAIN YOUN OWN CREDIBILITY BY SHOWING THAT YOU SUPPORTED THE HONG KONG CASE, THE DAMAGE TO OUR RELATIONS WITH HONG KONG WOULD BE VERY GREAT. I THEREFORE HOPE VERY MUCH THAT YOU WILL NOT DECIDE THAT THE LAW MUST TAKE ITS COURSE UNLESS THERE IS NO DOUBT WHATEVER ABOUT THE CASE CONCERNED. I THEN HOPE THATWE WOULD BE ABLE TO SUPPORT YOU,

5. I WOULD NOT THEREFORE WISH, UNLESS IT IS INESCAPABLE, TO GET INVOLVED IN A CONSTITUTIONAL CRISIS BASED ON THE LEUNG PING-FAT CASE.

THERE IS ALSO LIKELY TO BE AN UNFORTUNATE COINCIDENCE IN AN EXECUTION IN BELIZE AT ABOUT THE SAME TIME, AND THE JUXTAPOSITION COULD MAKE THE CRISIS IN HONG KONG WORSE.

6. IN YOUR PARAGRAPH 5 YOU SAY THAT YOU INTEND TO SEEK THE VIEW OF EXECUTIVE COUNCIL INFORMALLY ON 13 DECEMBER. THE ORIGINAL PROCEDURE SET OUT IN YOUR TELEGRAM NO 965, WHICH WE ACCEPTED, DID HOT EXPLICITLY ENVISAGE SUCH CONSULTATIONS, I CAN SEE THAT YOU NEED TO TAKE COUNSEL WITH YOUR ADVISERS BEFORE YOU CAN MAKE EVEN A PRELIMINARY JUDCKENT, BUT THE PURPOSE OF THE AGREED PROCEDURE WAS TO ENABLE US TO DECIDE WHETHER THE LAW MUST BE CHANGED BEFORE ANYTHING BECAME PUBLIC IN HONG KONG: THUS AVOIDING, AS FAR AS POSSIBLE, THE SORT OF ROW VE HAD OVER TS01. THERE MIGHT THEREFORE BE SOMETHING TO BE SAID FOR AVOIDING EVEN INFORMAL CONSULTATIONS WITH EXCO AS

AN ORGANISED BODY, BEFORE WE CLEAR OUR MINDS WITH YOU.

7 T FULLY REALISE THE BURDEN OF ALL THIS ON YOU: AND I AM GRATEFUL

a

FOR THE CARE WITH WHICH YOU ARE HANDLING THIS MOST DIFFICULT QUESTION

IF YOU HAVE FURTHER THOUGHTS EITHER ON THIS CASE OR ON GENERAL POINTS

PLEASE LET ME KNOW.

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DOUGLAS-HOME

FILES

HKI OD

LEGAL ADVISERS

PRIVATE SECRETARY

PS/PUS

PS/MR ROYLE

-2- CONFIDENTIAL