TNAG-0522-FCO40-617-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1975 — Page 133

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6.

DEATH SENTENCES

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1. The underlying position is still as described in Sir Duncan Watson's minutes of 11 June and 26 March last year. In December the Governor told Lord Goronwy-Roberts that the Executive Council currently accepted the necessity for commutation and that he had told them it would be very difficult for him to accept any advice not to commute. He suggested that, if this line could be maintained, and particularly if people became less worried about the incidence of violent crime, the issue might become less sensitive in Hong Kong and it might then be possible to abolish the death sentence without major public disquiet. A series of "messy" murders could, on the other hand, make the issue more sensitive than ever. Lord Goronwy-Roberts agreed with the Governor that if possible the status quo should be adhered to for the time being.

2. There is no sign that public pressure in Hong Kong for the implementation of death sentences is yet diminishing. On the contrary, a "Bring Back Hanging" committee intends to present a petition to The Queen during Her forthcoming visit, and in his letter of 25 March to Sir D Watson the Governor has reported on further discussions on the whole matter which he has recently had with the Executive Council. ExCo have apparently accepted, at least for the time being, that they would be unwise to press their proposal that the death penalty in Hong Kong should be suspended by Order-in-Council. The Governor, for his part, has accepted that he will in future respect the motives of any Member who prefers to abstain from giving advice in a case in which he feels the law should take its course.

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· Lord Goronwy-Roberts may wish to congratulate the Governor for obtaining this compromise, in what were clearly difficult circumstances. He might add that it remains desirable to abolish the death sentence in Hong Kong in the long term, and that it will be for the Governor to judge when the time is ripe.

Hong Kong & Indian Ocean Dept. 7 April 1975

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