TNAG-0487-FCO40-552-Review-of-death-sentence-in-Hong-Kong-1974 — Page 27

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RECORD OF CONVERSATION BETWEEN THE FOREIGN AND COMMONWEALTH

SECRETY EY AND THE GOVERNOR OF HONG KONG HELD AT THE HOUSE OF COMMONS ON MONDAY 24 JUNE 1974 AT 3.30 P.M.

Present

The Rt. Hon. James Callaghan MP

Lord Goronwy-Roberts

Gir Murray MacLehose

Sir Duncan Watson

Mr M Wilford

Mr A Acland

Mr AC Stuert

Mr A Galsworthy

Death Sentences

6.

Sir Murray MacLehose said that this was a point of major importance in Hong Kong. He must advise that, from the point of view of Hong Kong, the Creech Jones formula of bucking for the Governor's decision should be reaffirmed. He accepted that this was a question of great difficulty for British Ministers. His informal understanding with Executive Council had so far enabled reprieves to be agreed within Hong Kong. But he was not certain that this understanding would hold.

7.

Mr Callaghan replied that if he had to try to defend a Hong Kong execution in Parliament, he would not have a majority. Since Hong Kong was a colony, there was no alternative but to accept this overriding fact. The situation might change, but for the moment UK Ministers would not be able to let an execution take place in Hong Kong. He agreed that the Governor might tell his Executive Council in confidence that this was the position.

8.

But

If Hong Kong had had an elected government, it would have been easier to defend their decision to carry out an execution. a referendum would not be enough, since it would not remove the Secretary of State's responsibility. There was thus no prospect of a statement reaffirming the Creech Jones formula, though he did not know what we would do if a confrontation situation arose.

Hong Kong & Indian Ocean Department

1 July 1974

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