TNAG-0719-FCO40-917-Capital-punishment-in-the-Dependent-Territories-1978 — Page 76

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

1.

The last execution in Hong Kong took place in 1966.

Since that time the Governor has commuted 97 death sentences,

78 of these within the period covered by this Question.

2. In addition, one death sentence was commuted by HM

The Queen on the advice of the Secretary of State. This

case arose in 1973 at a time when Parliament was debating the

question of capital punishment in Northern Ireland and the then Foreign Secretary (Sir Alec Douglas Home) considered

that the debate could have been influenced by an execution

in a colony. The normal policy on capital punishment in

dependent territories, the so-called Creech Jones doctrine,

is that the Secretary of State does not advise The Queen to

act contrary to a Governor's advice, except in the event of

his believing that a miscarriage of justice might otherwise

occur. But it was considered that it was not inconsistent

with this policy for The Queen to intervene in Hong Kong

because Hong Kong is the only Dependent Territory affected

where the retention of capital punishment has not been

endorsed by an elected local legislature.

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