TNAG-0599-FCO40-747-Capital-punishment-in-Dependent-Territories-1977 — Page 138

CODE 18 - 77

Mr Stewart

6

Reference. HKG 380/1

3801

CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES

1.

Following our discussion on capital punishment in Dependent Territories Mr Bailey has obtained previous files from records and has flagged relevant papers regarding capital punishment in Hong Kong.

2.

The papers which I find of particular interest include:-

a)

3.

b)

c)

DOP (73) (folio 147 on A 14/16 Part D of 1973), in which the Secretary of State has indicated that he hoped his colleagues would agree that we should not intervene to abolish the death penalty in the Dependent Territories. The Committee agreed that in the Dependent Territories where there were elected legislatures the question of abolishing or retaining the death penalty must be left to local decision. The Committee also agreed that the death penalty in Hong Kong should not be abolished against the clear advice given by the Governor;

The text of the Colonial Secretary's announcement on

6 November 1975 (folio 49 on HKK 14/4 Part 3 of 1975) that the Governor would, whenever he commutes a death penalty, impose the alternative punishment of life imprisonment, unless, in exceptional circumstances, he feels able to accept advice from

Executive Council that a lesser sentence should be imposed;

The papers on Trooper Bassett and Gunner Puttock (HKK380/5).

You may have seen today's telegram from Belmopan saying that Leopald Jones' appeal will not be heard until early June and that the Advisery Committee on Gilbert Patten is due to sit on 15 April. The

Governor is inclined to commute Patten on medical grounds but that it hundualis

may be difficult to commute Jones.

4.

Subject to your views I will retain all the files provided for me by Mr Bailey pending consideration of the next steps to be taken regarding the policy on future appeals for Prerogative of Mercy.

5.

I have just seen Nr Lloyd's telegram saying that Tacklyn's appeal was dismissed yesterday and that the Prerogative of Mercy Committee should meet early next week. He is sending copies of relevant documents by next air bag.

14 April 1977

J Jasper

Hong Kong land General Department K270

233-4069