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4. IN THE EVENT OF A DECISION BY THE GOVERNOR IN COUNCIL TO ALLOW THE LAW TO TAKE ITS COURSE, THEY SEE THE CHOICES OPEN TO H.M.G.
AS BEING
(A) TO UPHOLD THE DECISION
B TO REVERSE IT BY ADVISING THE QUEEN TO GRANT A PETITION FOR
MERCY
!
(C) FOR H.M.G. ITSELF TO ABOLISH THE DEATH PENALTY IN HONG KONG.
5. IF H.M.G. WOULD NOT DO WHAT HONG KONG WANTS 1.E. (A), THEY THOUGHT THAT OF THE TWO EVILS (FROM HONG KONG'S POINT OF VIEW) OF (B) AND (C) THE LATTER WOULD BE THE LESSER, BUT IN VIEW OF PARA 2 ABOVE IN THIS CASE IT WOULD BE IMPOSSIBLE TO OBSCURE THE FACT THAT ABOLITION WAS NOT SUPPORTED BY EXECUTIVE COUNCIL.
6. I GAVE IT AS MY PERSONAL ADVICE, AND WITHOUT INSTRUCTIONS FROM THE U.K., THAT IT WOULD BE UNREALISTIC AND AGAINST HONG KONG'S INTEREST IN THE EXISTING PARLIAMENTARY SITUATION, TO ASK H.M.G. TO DECIDE BETWEEN THE DIFFICULT ALTERNATIVES IN PARA 4 ABOVE. IN ANSWER TO A DIRECT QUESTION AS TO WHETHER IN THE CIRCUMSTANCES DESCRIBED I WOULD ACCEPT ADVICE TO LET THE LAW TAKE ITS COURSE, I SAID I THOUGHT IT MOST UNLIKELY.
7. I SAID THAT MY OWN VIEW WAS THAT IN THE CIRCUMSTANCES THE ONLY WAY OF AVOIDING PUTTING THE EXECUTIVE COUNCIL AND H.M.G. IN EQUALLY IMPOSSIBLE SITUATIONS WOULD BE TO COMMUTE, HOWEVER DISTASTEFUL THIS MIGHT BE. THIS VIEW GRADUALLY RECEIVED SUPPORT, WHICH WAS EVENTUALLY UNANIMOUS..
8. THE VIEW WAS ALSO EXPRESSED ON RECONSIDERATION, THAT COMMUTATION BY THE GOVERNOR IN COUNCIL MIGHT EVEN BE PREFERABLE TO ABOLITION BY H.M.G. (CF PARA 4). THIS WAS BECAUSE SUCH HEINOUS MURDERERS HAD BEEN REPRIEVED IN THE LAST 18 MONTHS THAT PEOPLE NOW DID NOT REALLY EXPECT AN EXECUTION TO TAKE PLACE. THEY RESENTED THIS, AND IT WAS BAD FOR THEIR ATTITUDE TO GOVERNMENT, BUT THEY WOULD NOT E.G. DEMONSTRATE ABOUT IT. BUT IT WOULD BE IMPRUDENT TO STIR THE ISSUE UP BY ABOLITION. MOREOVER THE PUBLIC, LIKE EXECUTIVE COUNCILLORS, WISHED THE PENALTY RETAINED ON THE STATUTE BOOK FOR SUCH SLIGHT DETERENT EFFECT AS IT MIGHT HAVE, AND IN CASE A CHANGE IN PARLIAMENTARY OPINION MADE IT POSSIBLE TO USE THE PENALTY AGAIN IN
THE FUTURE.
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19. AS YOU
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