TNAG-0488-FCO40-553-Review-of-death-sentence-in-Hong-Kong-1974 — Page 95

Foreign and Commonwealth Office London SW1

115

HE Sir Murray MacLehose KCMG MBE

HONG KONG

CDew Murray,

Telephone 01-

Your reference

Our reference

Date

29 August 197!!

LAST

REF.

CAT

(13)

REF.

116

DEATH PENALTY

1.

It is obvious

Thank you for your letter of 19 August. that we are walking on a knife edge, and this latest ExCo discussion confirms it.

2.

As

I am sorry that our Minister's reply has caused you problems. You are right in remembering that we spoke about it. I remember, the draft reply arrived from the Department when I wan in Long Kong, I asked you whether you could live with it. You said you thought it put rather too much on you, but you could not always be carping. On reflection I am not sure that the last sentence was necessary anyway (though the thought here was that it was desirable to say something to block the implication that IMG was imposing a policy of automatic commutation). If one wanted to be wholly accurate about the constitutional position one would have to go on to refer to the queen's residual Prerogative of liorcy and to discuss the circumstances in which it could be used. That would obviously be complicated and difficult to draft. It might be better not to attempt any shorthand description of the constitutionel position and in any subsequent answers we will recommend accordingly.

3.

Ileanwhile we must, as you say, keep our fingers crossed and avoid a confrontation as long as possible. In this context I can of course follow the reasons for the way in which your explanation to Executive Council was presented. It is true that, in his talk with you, the Secretary of State acknowledged that the situation might change; and obviously this could help to persuade ExCo not to rock the boat. Nevertheless there should not be any misunderstanding between us about the likelihood of any change of heart. My memory of the meeting with the Secretary of State is that he simply shrugged and said that, while he could not answer for the future, the present reality was that Parliament would not approve a hanging. I do not think he implied that a change was likely. Nor can we, at official level, detect any signs of such a change in Parliament, as distinct from the country as a whole. Hence, incidentally, our efforts on behalf of the drug-rummers in Taiwan.

t

/14.

CONFIDENTIAL AND STRICTLY PERSONAL