TNAG-0624-FCO40-772-Visit-of-Sir-Peter-Carey-(Permanent-Secretary--Department-of-1977 — Page 13

CONFIDENTIAL

6

The

outcry particularly after the escape of Chief Superintendent Godber to this country led to the setting up of an Independent Commission Against Corruption (ICAC), in February 1974. Commission's functions are to investigate complaints of corruption, to take steps for its prevention and to enlist Community support for its elimination. There has also been some

pressure from critics of the Hong Kong Government for HMG to appoint a Royal Commission to look into the whole question of corruption. Ministers refused to adopt the proposal because the ICAC must be given a proper opportunity to carry out its task. In fact, the ICAC has proved to be a vigorous body. There has been criticism that the ICAC's investigating methods pose a threat to personal freedom. This problem is being watched but it was

inevitable that if the Commission became effective it would provoke

criticism.

Death Penalty

14.

The existence of the death penalty for murder in Hong Kong and

the fact that successive Secretaries of State have taken the

view: that they could not carry the House of Commons in a decision to permit an execution to take place in Hong Kong is an irritant in our relations. Crime is considered the greatest social problem in the Colony and public opinion there still strongly favours the death penalty. In fact, no death sentence has been carried out since 1966. A particularly awkward situation arose in 1973. The

Governor had decided that the law should take its course and that an

execution should take place. The Secretary of State advised The Queen to exercise the Prerogative of Mercy. This caused much resentment in Hong Kong on the grounds that local opinion had apparently been overruled by domestic political considerations in the UK. An announcement by the Governor in late 1975 that he would impose life sentences, save in exceptional circumstances, when commuting the death penalty appeared to take some of the sting out

of this issue but it remains a sensitive one.

:

CONFIDENTIAL

/ HONG KONG

•