TNAG-0487-FCO40-552-Review-of-death-sentence-in-Hong-Kong-1974 — Page 177

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no final decision in such case, though a very serious one is

pending.

4.

A hanging in Hong Kong would almost certainly cause political

The Hong Kong Government coulch abolish the death sentence in Hong 16g land,

Executive Courices was unwillis maten once thing.

trouble in the UK.

But For HMG to abolish the death penalty in the

Citself

Colony would require an Order-in-Council.

This could itself cause

trouble in Parliament.

confidence in Hong Kong. None of these results is in the Colony's

interest. The Governor has therefore discussed the situation

informally with his Executive Council, with the results described

in his attached Personal telegram to Sir D Watson no. 365.

Abolition would also bring about a crisis of

5.

Under the Royal Instructions and Letters Patent, the Governor

has to consider a reprieve in each case as it arises. He cannot

make a general decision of principle.

It would thus be improper,

as well, perhaps, as raising strong protests in Hong Kong, if any

hint of his understanding with ExCo became public. He also makes

the point that, for the same reasons, his decision cannot be

binding. It is, however, clear that in practice we can count on

capital cases being reprieved in Hong Kong for the foreseeable future.

This is certainly the most effective way to avoid political trouble

both in London and in Hong Kong, and the Governor has done well to

carry his Executive Council with him.

6.

I recommend that we should tell him so in reply to his

Personal telegram.

7.

The residual problem would then be to decide what to say in

Parliament in answer to questions, remembering the overriding

importance of avoiding any reference to the Governor's decision.

MPs of both parties are informed on the subject and interested.

/The Governor

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