GOVERNMENT HOUSE
HONG KONG
116
香港總督府
II
PERSONAL & CONFIDENTIAL
SCR 7/3231/56
Then Andrew,
Jes
110
August.
RECLIVED
REGISTRY No.52
17 SEP 1974
B+KK14/1
DEATH
PENALTY
12th September 1974
CAST
R2F.
1/5
Rs R ARs 46/1
Many thanks for your letter of 29th
The comments of the Executive Council were very much to the point. The answer as drafted for Mr. Hattersley was only a half truth. On another occasion I do not see why the same wording should not be used as that in paragraph 2 of Lord Goronwy Robert's letter to Ben Ford of 26 July. The formal constitutional position is that, while the prerogative of mercy is delegated to the Governor, the Queen's residual prerogative which is exercised on the advice of the Secretary of State - ensures that the latter may overrule the Governor if he so wishes.
2.
The Creech-Jones doctrine represented a substantial restriction of the circumstances in which intervention by the Secretary of State could be contemplated. Now that this doctrine has been abandoned, the situation is once more as stated above. My own preference is naturally that the present position should be made clear in any future public statements on the matter. However, what Unofficials, and the public generally, really resent is the impossibility of implementing death sentences passed by the courts, and the constitutional niceties, so far as they are concerned, are of secondary importance.
I don't think there is any misunderstanding among Ex. Co. members about the likelihood of a change
3.
}
3)
sent
copy to Sis D.nl 2) 12. Dinwiddy to
A.C. Stuart Esq.,
Hong Kong & Indian Ocean Department, Foreign & Commonwealth Office,
London, S.W.1.
PA
BD
CONFIDENTIAL
12/9
ACS17/4
Lar
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