TNAG-0487-FCO40-552-Review-of-death-sentence-in-Hong-Kong-1974 — Page 75

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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2.

would be very difficult for me to face Ex. Co, let alone hold the current line, if I had not done so.

5.

That

Obviously the overwhelming wish of the population here, and what I would advise on its merits, is that the Creech-Jones doctrine, set aside by Sir Alec Douglas-Home in the Tsoi case, should be re-applied in the case of Hong Kong. is to say that Ministers would give an undertaking that they would not advise the exercise of the Royal Prerogative of Mercy except to prevent a manifest miscarriage of justice. It is my view that in the circumstances of Hong Kong nothing else we could do would have such a beneficial influence on the fight against violent crime, nor do relations between Hong Kong and the UK so much good - provided Ministers were able to abide by such an undertaking in practice.

6.

If Ministers feel unable to do this

and for one reason or another are unwilling to countenance an execution in Hong Kong, I think I should be authorised at least to say so in confidence to Ex. Co. The present position in which I ask members to concur in clemency against their conscience and judgement on the basis only of my personal assessment of what Ministers' positions are, cannot be sustained indefinitely.

7.

I hope you will now be able to initiate reconsideration of this issue so that some- thing definite can emerge from my visit at the end of June.

You

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