GRS 229
CYPHER CAT/A
FM HONG KONG 0337852
CONFIDENTIAL
CONFIDENTIAL.
RECEIVED IN
REGISTRY No.52
-30C 1974
FKKIY) I
TO ROUTINE F C O TELEGRAM NUMBER 986 OF 3 OCTOBER, 19746
YOUR TELNC 827 OF 24 SEPTEMBER: DEATH PENALTY.
122
118
124
I DOUBT WHETHER THE FORM OF ANSWER SET OUT IN YOUR PARA 1
SUFFICIENTLY ANSWERS THE MAIN POINT OF THE PETITION, WHICH SEEMS
TO BE A REQUEST THAT THE HONG KONG GOVERNMENT BE DIRECTED TO
CARRY OUT EXECUTIONS OF PERSONS CONVICTED OF CAPITAL OFFENCES.
2. I WOULD PREFER NOT TO ADD TO THE REPLY TO THE PETITION ANY
STATEMENT ON THE LINES PROPOSED IN PARA 3 OF YOUR TELEGRAM UNDER REFERENCE. AS I EXPLAINED IN MY LETTER OF 18 AUGUST 1974 TO STUART, UNOFFICIAL MEMBERS OF EXECUTIVE COUNCIL HAVE ALREADY TAKEN THE POINT THAT IT IS NOT IN ACCORDANCE WITH REALITY TO
SAY THAT THE PREROGATIVE OF MERCY HAS BEEN DELEGATED TO THE
GOVERNOR WHEN WE KNOW THAT, IF HE DECIDES THAT THE LAW SHOULD TAKE ITS COURSE, HE WILL NEVERTHELESS BE OVERRULED ON THE
ADVICE OF THE SECRETARY OF STATE.
3. 1 THEREFORE SUGGEST THAT THE REPLY TO THE PETITION SHOULD BE
LIMITED TO THE FOLLOWING:
QUOTE:
•
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 OUT IF THE PREROGATIVE OF MERCY IS EXERCISED. I WAS UNABLE TO ADVISE
HE MAJESTY THAT SHE SHOULD ISSUE ANY DIRECTIVE INSTRUCTING
THE HONG KONG GOVERNMENT THAT THIS PREROGATIVE OF MERCY SHOULD
NOT BE EXERCISED.
UNQUOTE.
MACLEHOSE.
FILES
HKIOD(3)
CTB AND GENERAL DEPT
PROTOCOL AND CONFERENCE DEPT
PS
PS TO LORD GORONWY-ROBERTS
SIR D WATSON
MR LARMOUR
CONFIDENTIAL
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