TNAG-0555-FCO40-650-Review-of-death-sentence-in-Hong-Kong-1975 — Page 14

CODE 18-77

CONFIDENTIAL

Reference............

X

(09)

Mr Jan rin

HONG KONG: DEATH PENALTY

1.

I thought it was implicit in what the Governor said at Lord Goronwy-Roberts's meeting on 2 December that he would still be able to hold the position in the Executive Council on the basis of the last confidential understanding which he reached with its members. However, he did not actually say that this was his opinion and I took the opportunity of Mr O'Keeffe's lunch for the Governor yesterday to ask him about it.

2. The Govenor confirmed that he thought there was still a good chance of making the last understanding or something similar work. The point was the said, that he had told the members of the Executive Council that he would resign if he were again overruled by the Secretary of State in the event that he decided to allow a death sentance to be carried out. The members of the Executive Council had indicated to him that they did not want to bring about a situation in which the Governor might have to face the prospect of resignation. Consequently, there was a good chance that they would refrain from giving him advice which, if acted upon by him, could bring about such a situation. If, contrary to his expectations, this were not to be so, in a particular case, the Governor said that he would give us as much advance warning as possible that a situation might be emerging in which the question of his resignation might arise.

3. The Governor's remarks were based on the assumption that the Secretary of State, if called upon to advise Her Majesty, would continue to advise against the carrying out of a death sentence in Hong Kong.

4. No action is called for but you may like to add this note to the file.

D.F. Million

D F Milton

4 December 1975

Hong Kong and Indian Ocean Dept