TNAG-0603-FCO40-751-Capital-punishment-in-Dependent-Territories-1977 — Page 16

(390

376

Flag A

761

Mr Stratton

Strat

PS/Lord Goronwy-Roberts N

CAPITAL PUNISHMENT: LETTER FROM DAVID JAMES MP

1. In his letter of 19 December Mr James seeks comments on a

letter from one of his constituents, Sir David Trench, the former

Governor of Hong Kong. Sir David draws attention to a case in

Hong Kong in 1973 which appears to give the lie to the

Secretary of State's statement in the House of Commons on

5 December that his action in the Bermuda case was consistent

with a policy that had been followed since 1947. Sir David's

recollection of the 1973 case is basically accurate but, as Mr Murray explained in his submission of 19 October, it was considered acceptable for the Secretary of State to overrule

the Governor's decision in view of the fact that Hong Kong has

no elected legislativẽ. In all of the other territories where capital punishment is retained, the decision has been confirmed. by democratically elected local legislatures. It is also relevant that, at that time, Parliament was considering the question of capital punishment in Northem Ireland and it was feared that to allow an execution to take place in a dependent territory at

that time could have an unfortunate effect on the debate in this

country. Since the 1973 case, the Governor of Hong Kong has always commuted the death sentence and the Secretary of State has said that this position must be maintained.

Flag B 169

2.

I submit a draft reply.

Now see

6

HKG 380/1 (1978)

22 December 1977

cc: PS

PS/Mr Rowlands

PS/PUS

Sir A Duff

Mr Cortazzi

Mr Stephen

Mr Rushford Mr Duff (WIAD News Dept

нка 386

.:).E. Quantall

pp

J A B Stewart

Hong Kong & General Department

RECEIVED IN REGISTRY NO. 51

- 5 JAN 1978

DESK OFFICER

INDEX

NO

REGISTRY

Action Taken

Smather

22. Joe.