TNAG-1004-FCO40-1248-Capital-punishment-in-the-Dependent-Territories-1981 — Page 17

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CONFIDENTIAL

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punishment as a major point of contention in the Territory.

12.

Uniformity of treatment could also be achieved by advising

the Governor of Hong Kong to allow the law to take its course in

any case where no mitigating circumstances existed, on the under-

standing that HMG would not intervene. However, the Governor has

advised that this would create serious difficulties, since no

capital sentence has been carried out since 1966. Once it was

known that the Governor in Council had decided not to commute a

capital sentence the numerically very small but highly articulate

group opposed to hanging in the Territory would organise pressure

on the Governor, the Secretary of State and Parliament. The

objectors would probably include both bishops, senior members of

the Bar and Law Society and other pressure groups. In London, this

would appear as a respectable body of opinion. It would be claimed

by MPs and others that support for the death penalty in Hong Kong

was not unanimous. A debate in the House would be almost inevitable

on the first occasion that it became known that the Governor in

Council had decided to let the law take its course in a capital

case.

13. The reapplication of the death penalty in Hong Kong would be

well received by the majority of the population and in the short-

term might be seen as a sign that HMG were prepared to listen to

public opinion in Hong Kong. However, if a debate in Parliament

were subsequently to create such pressure upon HMG that they felt

obliged to reverse the Governor's decision, the eventual damage

to relations between London and Hong Kong would be much greater.

The Governor's strong recommendation is therefore that the

present policy should continue.

CONFIDENTIAL

/14.