TNAG-0719-FCO40-917-Capital-punishment-in-the-Dependent-Territories-1978 — Page 33

MR STEWART

CONFIDENTIAL

HKG 38671

RECEIVER MY ESSA

16 JAN 1978

DESX OFFICER

K-DISTRY

INDEX

N.

PA

Agron Faken

你ce

66

CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES

1.

8.2) VOL. B.

below.

•

Sir Ian Sinclair has now seen my minute of 9 January He agrees entirely, but has queried one passage in the draft submission which I had overlooked, namely the sentence in paragraph 3 to the effect that the Creech-Jones doctrine was abrogated for Hong Kong in 1973;

2. I do of course remember the Tsoi case and know about the policy that the Governor of Hong Kong has adopted. I am however uncertain what has been publicly said about the Creech-Jones doctrine in its application to Hong Kong and cannot recall any announcement. Perhaps what the sentence means is that, since 1973, Ministers have been opposed to the carrying out of any capital sentence in Hong Kong and prepared, if necessary, to invoke the residual prerogative of mercy residing in the Crown so as to ensure that no one is hanged there; in other words that they are tacitly pursuing a policy of abolition by executive action.

3

However, this is not the same as abrogation of the Creech- Jones doctrine and I should be grateful if you would clarify the point for Sir Ian's and my benefit.

10 January 1978

cc: Sir Ian Sinclair

Mr Duff

Mr Collins

PS/Lord Goronwy Roberts

CONFIDENTIAL

A.R.R.

AR RUSHFORD

DEPUTY LEGAL ADVISER