TNAG-0555-FCO40-650-Review-of-death-sentence-in-Hong-Kong-1975 — Page 71

HKIOD

Mr Male Sir D Watson

Hale/

PS/Lord Goronwy-Roberts

PS

SECRET

HONG KONG: DEATH PENALTY

1.

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As foreshadowed in his telegram no. 1059, the Governor of Hong Kong has now consulted us on what should be said on the subject of the death penalty in reply to the Legislative Council's debate on his annual address. Hong Kong telegrams nos 1099 and 1100 contain the Governor's advice and the proposed text of a statement to be made by the Colonial Secretary. A statement will have to be made on 5 or 6 November and it is therefore necessary to send a reply within the next 24 hours.

2.

It will be recalled that the Governor has sought to avoid embarrassment to HMG on the matter of the death penalty by means of informal and confidential understandings with members of his Executive Council whereby he would, in effect, automatically commute death sentences. Early last year he managed to persuade members of the Executive Council to acquiesce for the foreseeable future in any decision to reprieve. This understanding broke down in the face of further brutal murders and continued public support for the death penalty. In March this year, the Governor reached an informal understanding whereby members of Executive Council should feel free to abstain from giving advice on death sentences in cases where they would otherwise feel obliged to advise that sentences

should be carried out.

3.

This was the position prior to this year's debate in the Legislative Council on the Governor's address. This debate, as the Governor has reported (and as we have seen from separate accounts), has revealed overwhelming support for the application of the death penalty. Faced with this demand, the Governor has evidently concluded that he cannot hold the position on the basis of the previous understanding with the members of his Executive Council. He proposes that the position should be explained in some detail to

the Legislative Council and that responsibility for the commutation

/of death

SECRET