TNAG-0488-FCO40-553-Review-of-death-sentence-in-Hong-Kong-1974 — Page 91

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TO ROUTINE HONG KONG TELNO 827 OF 24 SEPTEMBER. 1974

FROM WATSON.103

106)

YOUR TELNO 770 AND 178 SAVING: DEATH PENALTY.

1. WE PROPOSE TO SUBMIT THE FOLLOWING ANSWER TO THE PETITION, TO BE SENT THROUGH YOU

QUOTE I SHOULD BE GRATEFUL IF YOU WOULD INFORM THE PETITIONERS THAT THEIR PETITION HAS BEEN LAID BEFORE HER MAJESTY. THE PRESENT LAW OF HONG KONG PROVIDES FOR THE DEATH PENALTY IN CASES OF MURDER, SUBJECT TO THE EXERCISE OF THE PREROGATIVE OF MERCY. I WAS UNABLE TO ADVISE HER MAJESTY THAT THERE SHOULD BE ANY CHANGE IN THESE PROVISIONS UNQUOTE.

2. AS YOU KNOW, IT IS NOT NORMAL TO EXPLAIN OR TO PROVIDE REASONS FOR THE REJECTION OF PETITIONS TO THE QUEEN, AND WE WOULD PREFER NOT TO DO SO IN THE PRESENT CASE. WE HAVE HOWEVER CONSIDERED THE POSSIBILITY OF ACCOMPANYING THE REPLY WITH A FURTHER MESSAGE FROM THE SECRETARY OF STATE ON THE LINES SET CUT BELOW. IF, AS SUGGESTED IN YOUR RECENT CORRESPONDENCE WITH STUART, YOU THINK THAT SUCH A STATEMENT WOULD BE HELPFUL, NO DOUBT YOU WILL LET US KNOW, WITH ANY PROPOSALS FOR IMPROVEMENTS.

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3. THE STATEMENT MIGHT READ:

QUOTE I AM WELL AWARE HOW STRONGLY PEOPLE IN HONG KONG FEEL ABOUT THE DEATH PENALTY AND I DISCUSSED THIS WHOLE SUBJECT WITH THE

GOVERNOR WHEN HE WAS IN THE UNITED KINGDOM IN JUNE.

AS YOU KNOW, THE DEATH PENALTY IS STILL PART OF HONG KONG LAW,

THE ROYAL PREROGATIVE OF MERCY IS DELEGATED TO THE GOVERNOR UNDER THE LETTERS PATENT AND ROYAL INSTRUCTIONS OF HONG KONG, AND IS CONSIDERED IN EACH CASE AS IT ARISES. NEVERTHELESS IT IS CONSTITUT-

JONALLY IMPOSSIBLE FOR THE QUEEN TO EMPTY HERSELF OF HER PREROGATIVE.

IT IS THEREFORE ALWAYS CPEN TO ANY CONDEMNED MAN TO PETITION HER

FOR THE USE OF HER RESIDUAL PREROGATIVE OF MERCY.

IN CONSIDERING ANY SUCH PETITION, HER MAJESTY ACTS ON THE ADVICE OF THE FOREIGN AND COMMONWEALTH SECRETARY,

IN GIVING HIS ADVICE, THE FOREIGN AND COMMONWEALTH SECRETARY TAKES ACCOUNT OF ALL THE RELEVANT CIRCUMSTANCES UNQUOTE. CALLAGHAN

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PS/LORD GORONWY ROBERTS

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