TNAG-0486-FCO40-551-Review-of-death-sentence-in-Hong-Kong-1974 — Page 127

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CONFIDENTIAL

Mr Youde

PS/Mr plakt

412

Minister

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DEATH SENTENCES:

1.

HONG KONG

Mr Blaker may wish to see the current papers, since it

seems likely that we have now reached a case where Ministers

will need to decide either to support the Governor and allow a

man to be executed, or to abolish the death sentence in Hong Kong.

2.

It is the Governor's duty under the Letters Patent and

Royal Instructions of Hong Kong to decide on the exercise of the

Royal Prerogative of Mercy. In the case of Tsoi, he decided in

April 1973 that the law must take its course. But this coincided

with the debates on the death penalty in general and in Northern

Ireland, and after further consideration the Secretary of State

advised The Queen to use Her residual Prerogative of Mercy to

pardon Tsoi. She did so on 14 May.

(141) PROV 3.

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147) PREV

Subsequently in July the DOPC considered the whole question

of the Death Penalty in the dependent territories (DOP(73)49).

They concluded (DOP(73)17 meeting) that in the dependent

territories where there were elected legislatures, the question

of abolishing or retaining the death penalty must be left to local

decision. The Committee also agreed that we should not abolish the

death penalty in Hong Kong. It was important, however, that great

care should continue to be taken in considering reprieves.

The

attitude of Parliament would make it necessary to scrutinise most

carefully any cases which might in future be the subject of

CONFIDENTIAL

/petition