TNAG-0434-FCO40-499-UK-interest-in-labour-and-social-affairs-of-Hong-Kong-1975 — Page 21

CONFIDENTIAL

THE DEATH PENALTY

1.

The death penalty still exists in Hong Kong but no-one has been executed since 1966. There is very strong pressure in the Colony for the penalty to be carried out for murder in the course of robbery. The Prerogative of Mercy is delegated to the Governor under the Letters Patent and Royal Instructions. In 1973 there was a case where he decided, after consulting the

FCO, that there were no grounds for commutation of sentence and

that the law must take its course. Subsequently, however, Ministers overruled him on the ground that Parliament would not countenance a hanging in Hong Kong. The prisoner concerned was therefore reprieved by the use of the Queen's residual Prerogative of Mercy.

2.

Pressure for the reimposition of the death penalty continues and the question is likely to be raised during the Queen's visit to Hong Kong in May.

CONFIDENTIAL