TNAG-0603-FCO40-751-Capital-punishment-in-Dependent-Territories-1977 — Page 139

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

CONFIDENTIAL

LAWYER. IN THE ALL-DAY DEBATE IN THE HOUSE OF ASSEMBLY HERE YESTERDAY (WHICH HAS ADJOURNED UNTIL TOMORROW) THE REMIER HAS BEEN USING THE SAME FORMULATION AND HAS HOW INSTRUCTED THE ATTORNEY GENERAL TO PRODUCE A MEMORANDUM ON IT, WHICH WILL BE LAID BEFORE THE HOUSE.

7. THE SAME MEMORANDUM WILL HAVE TO DEAL WITH THE INTERPRETATION OF THE CREECH-JONES DOCTRINE. AND THERE THE SECRETARY OF STATE'S REPLIES TO MR WINTERTON AND MR THORPE WOULD SEEM TO INDICATE THAT, ALTHOUGH THE CREECH-JONES DOCTRINE MAY STILL BE THE ACCEPTED FOLICY OF THE HOUSE, THE SECRETARY OF STATE WAS NEVERTHELESS LEGALLY EMPOWERED (AS I AM NOT) TO RECOMMEND TO THE QUEEN A REPRIEVE ON THE PETITIONS IN THIS CASE. AT LEAST THERE WAS, AS YOU KNOW, PLENTY OF TIME TO HAVE CHANGED THE CREECH-JONES DOCTRINE, TO ENABLE THE ADVICE FOR A REPRIEVE TO GO FORWARD.

8

BEFORE LEAVING FOR BERMUDA IN SEPTEMBER I WAS GIVEN CLEARLY TO UNDERSTAND BY CORTAZZI (CONFIRMED IN CORRESPONDENCE HERE AND, SUBSEQUENTLY, AFTER THE PETITION, BY MR ROWLANDS TO THE PREMIER IN LONDON,) THAT STEPS WOULD DEFINITELY BE TAKE TO ABROGATE THE DOCTRINE, I GOOD TIME TO ENSURE THAT THE PETITION, WHEN RECEIVED, WOULD BE ALLOWED. NO ONE WARNED ME THAT THIS WAS NOT TO BE THE CASE. THE FIRST I HEARD TO THE CONTRARY WAS THE BALD STATEMENT BY TELEGRAM THAT THE SECRETARY OF STATE HAD FELT UNABLE SO TO ADVISE. I HAD NO OPTION THEN BUT TO FIX THE DATE FOR THE EXECUTIONS AND NO TIME TO PREPARE THE PREMIER FOR THIS SURPRISING CHANGE IN OUR EXPECTATIONS.

9. I HOPE THAT ANY ENQUIRY INTO THIS UNHAPPY AFFAIR WILL NOT BRING TO LIGHT PARAGRAPHS E AND 9 OF MY TELEGRAM PERSONAL 32 OF 27 OCTOBER WHICH WILL CLEARLY DEMONSTRATE THAT I WAS REPLYING TO A REQUEST TO REVIEW THE MATTER IN THE LIGHT OF THE PETITION, BUT ON MY CLEAR UNDERSTANDING THAT THE SECRETARY OF STATE WOULD ADVISE THE QUEEN TO EXERCISE HER PREROGATIVE AS PRAYED IN THE PETITION.

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CONFIDENTIAL

/ 10. I AM AFRAID

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