TNAG-0486-FCO40-551-Review-of-death-sentence-in-Hong-Kong-1974 — Page 9

(17259) Dd.897459 250m 12/72 G.W.B.Ltd. Gp.863 (16941) Dd.897300 250m 9/72 G.W.B.Ltd. Gp.863

NOTHING TO BE WRITTEN IN THIS MARGIN

I am not sure how you would envisage such a request being presented, and you may like to consider the implications of all this a bit further before

discussing with ExCo.

6.

"Automatic commutation" could provide a

way out, though it would be necessary for you

(and Ministers) to bear in mind that you could not

formally bind either yourself or your successors

in your exercise of the prerogative; nor could your

Executive Councillors or their successors be held

to any "gentlemen's agreement" to acquiesce in your

decisions. Moreover our advice is that any general

statement that reprieves would always be granted

would be constitutionally improper, even if only

for a temporary period pending the consideration of

substantive legislation, since it would mean the

abrogation of the law by administrative action.

exercise of the prerogative of mercy has to remain

on a case by case basis. Any consultations with

Exco on this subject would therefore have to be

both in the strictest confidence and completely

informal; there could be no written commitment; and

nothing could be said publicly.

7.

You decide to Sound,

sin/ExCo

but discussio

If goundings in ExCo on these possibili

were not to go well, you might wish to consider at

least an immediate decision that Liu Chu should be

reprieved, on the ground of avoiding an immediate

confrontation with the new administration.

The

There is

also the point. that, in discharging your own personal

responsibility, you might feel it right to take

into account the propriety of carrying out the

death sentence on an individual prisoner when the

/maintenance