NEX.
REF.
153
HKIOA
Foreign and Commonwealth Office
London S.W.1
6 November, 1974
131
The Foreign and Commonwealth Secretary has been considering a petition to Her Majesty The Queen from a group of 30 Kai-fong (Welfare Association) leaders in
Hong Kong.
The petition has subsequently been the
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subject of correspondence with the Hong Kong Government. Bu 2 weeks
In the petition, whose text is attached, the Kai-fong leaders request Her Majesty to issue, a Royal Decree instructing the Hong Kong Government to carry out the death penalty on criminals convicted of murder and robbery (which the Governor has explained as meaning, in the original Chinese, murder in the course of robbery).
Mr. Callaghan has considered the petition and advises that it should not be granted. In accordance with the present law of Hong Kong, the courts already impose the death penalty for murder. However, these sentences are not carried out if the Prerogative of Mercy is exercised by the Governor in accordance with the powers delegated to him under the Letters Patent and Royal Instructions of Hong Kong, or by the use of Her Majesty's residual prerogative. Mr. Callaghan is unable to advise Her Majesty that she should issue any directive limiting the use of the Prerogative of Mercy, which has in fact been exercised in all relevant cases in Hong Kong since 1966.
I should be grateful if you would let me know whether The Queen would agree that the Secretary of State, in reply to the petition, should instruct the Governor as follows:
"I should be grateful if you would inform the petitioners that their petition has been laid before Her Majesty. In accordance with the present law of Hong Kong, the courts already impose the death penalty in cases of murder. However, these sentences are not
carried/
勋
7/11
Philip Moore, Esq., CB, CMG,
Bukcingham Palace.
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