TNAG-0487-FCO40-552-Review-of-death-sentence-in-Hong-Kong-1974 — Page 221

HOFOB23/20

S. Owwa

No

Ha

9.3.0

M. Qualforce

4559

(56

KR FCO

CPS 606

CYPHER/CAT A

FM HONG KONG 200818Z

SECRET

M..

you

ག

TO ROUTINE FCO TELNO 342 OF 20 MARCH,

LAST

REF.

NEXT

REF

FOLLOWING FOR SIR DUNCAN WATSON FROM GOVERNOR.

YOUR TELEGRAM NO 252: DEATH PENALTY.

THANK YOU FOR THESE COMMENTS WHICH REINFORCED MY INTENTION TO

FIND A WAY OF CONTAINING THIS ISSUE. I HAVE HAD TWO OFF-THE-RECORD

DISCUSSIONS IN EXECUTIVE COUNCIL AND ALSO SOME PRIVATE TALKS WITH

INDIVIDUALS,

2. THESE SHOWED PREDICTABLY COMPLETE UNANIMITY THAT THE CIRCUMSTANG

OF HONG KONG REQUIRED THAT THE DEATH PENALTY SHOULD BE USED, BUT VERY SPARINGLY AND ONLY IN THE VERY WORST CASES, 1.E. IN CASES OF MATURE MEN MURDERING IN THE COURSE OF ROBBERY OR KIDNAPPING

OR TO AVOID ARREST.

3. CONSEQUENTLY MEMBERS CANNOT SQUARE WITH THEIR CONSCIENCES

LEGISLATION IN HONG KONG TO ABOLISH THE SENTENCE. MOREOVER THEY BELIEVE IT WOULD SERIOUSLY AFFECT GOVERNMENT'S CREDIBILITY WITH

THE PUBLIC WHICH IS VIRTUALLY UNITED IN WANTING USE OF THE PENALTY.

4. THEY CONSIDERED THAT IF THE CHOICE LAY BETWEEN A DECISION BY THE COVERNOR IN COUNCIL BEING OVER-RULED BY N.M.C., AND ABOLT1ION OF THE SENTENCE BY H.M.G., THE LATTER WOULD BE THE LESSER EVIL..

BUT IN VIEW OF PARA 3 THERE COULD BE NO OBSCURING THE FACT THAT h.M.0.

'S ACTION WAS REGRETTED OR EVEN OPPOSED BY EXECUTIVE COUNCIL.

་་

5. 1 GAVE IT AS HY PERSONAL ADVICE, AND WITHOUT INSTRUCTIONS reas

SPR D... APT IT WOULD BE UN'AIR ARE AVANT HONG KOFC'S INTERES

O VÁHA SONT THIS COVERNMENT, IN ALKETONET CAN TARUUSTE SENT

GVES DEVARA 4 WDWW. IN ANSWER TO A DIRECT

}

་

" i f

老