TNAG-0488-FCO40-553-Review-of-death-sentence-in-Hong-Kong-1974 — Page 109

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This is the crux of the present problem also. Jim Callaghan believes, and I agree with him, that if he was called upon to defend an execution in Hong Kong in the House, he simply could not get a majority. The matter would presumably have to be left to a free vote in accordance with custom, and our assessment is that a majority for a hanging is just not there. Nor could we defend a hanging in Hong Kong with the argument that the freely-expressed will of the legislature should be allowed to prevail in Hong Kong as in the UK. As you know, the Hong Kong Legislative Council has an Official majority and even the Unofficial Members are appointed by the Governor. The constitutional responsibility of the Secretary of State is therefore inescapable.

This then is the dilemma. The situation in the UK may change; or the people of Hong Kong may come to accept, as other civilised countries have done, that the presence or absence of the death penalty, in practice, makes little difference to the problem of serious crime. But for the meanwhile I see no signs of a solution that will satisfy everybody. The one thing I am sure is that it would be damaging for a decision by the Governor that the law should take its course to be overruled again as in the case of Tsoi. The Governor and his advisers are well aware of this risk of damage and will, I am confident, do their best to avoid it.

lver,

Yours

Toronwy