TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 62

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL 機密。

here about the possibility of Parliament legislating for Hong Kong in other fields. I suggest that a precedent for the exercise of that constitutional power in a controversial area might also prove em- barrassing to HMG as well as alarming to the public here.

25 IT MU

7 kip (ii) is a non-starter, since there is no majority to pass such legislation. It is thus a recipe for confrontation.....

8

Finally I would advise against (i) since its effect would be- similar to (v) but would involve the laborious procedure of appeals for mercy formerly made to the Governor in Council being forwarded to the Secretary of State and then passed back to the Governor in Council for decision on a prison sentence. The odium that previously attached to the Governor in Council and which is now dormant would be trans- ferred to the Secretary of State, and would be renewed with each commutation at least until the public became accustomed to the new situation, with consequent demage to HMG's public image here,

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The foregoing is based on the advice of the Executive Council. However I understand I may expect to be consulted again. formally before any final decision is taken as a result of the work of .......... the official committee,

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