TNAG-0554-FCO40-649-Review-of-death-sentence-in-Hong-Kong-1975 — Page 23

CODE 18-77

CONFIDENTIAL

Reference.........

(1)

Mr Timms

HKIOD (K 247)

HONG KONG: DEATH SENTENCES

(Your minute of 2 June)

1. I agree with you that the form of words proposed by the Governor of Hong Kong may over-simplify the situation. The whole truth is that there are two distinctions to be drawn: that between independent Trinidad and dependant Hong Kong; and between Hong Kong and those dependent territories which have elected legislatures. The problem is that the Governor must, as you say, if possible avoid emphasising the latter.

2.

If an execution should in the event take place in Belize or Montserrat, this distinction may have to be drawn, but I suggest that we take that hurdle when it comes. For the time being I think we should aim to sharpen the distinction which the Governor makes between Trinidad and dependent territories.

3.

CCD will no doubt advise on the accuracy and propriety of the statement about the constitutional responsibilities of the Governor of Trinidad in the first part of paragraph 2 of Hong Kong telegram no. 543, but in order to emphasise the independence of Trinidad, and subject to CCD's advice, I suggest that this section of the statement might be amended on the following lines:

"Trinidad and Tobago is a sovereign independent state within

the Commonwealth, and the British Secretary of State for Foreign and Commonwealth Affairs has no responsibility of any kind for its internal or external affairs. In the event of an appeal to The queen by a condemned person in Trinidad, therefore, it is the constitutional responsibility of the Governor-General and no-one else to advise Her Majesty, and he is bound by the constitution to do so on the advice of his own elected ministers."

2 June 1975

c.c.

Mr Rushford

DLA

Miss Storar CCD

J.S. Champin

J S Champion

•

Gibraltar & General Department

CONFIDENTIAL