TNAG-1005-FCO40-1254-Capital-punishment-in-Hong-Kong-1981 — Page 38

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stment of policy; it does not deprive the Crown of its

power to exercise clemency if so advised by the Secretary

of State. In 1973, a particularly unpleasant murder

occurred in Hong Kong in which, there being no mitigating

circumstances, the Governor in Council decided to let the

law take its course (having previously been assured that

Ministers would support his decision). At this time,

however, the House of Commons were considering the question

of capital punishment in Northern Ireland, and the

Secretary of State, Sir Alec Douglas-Home, felt obliged

to take steps to prevent an execution in a British Dependent

Territory while the debate was in progress, regardless of

the absence of mitigating factors. He therefore advised to

commute the sentence. This departure from established policy

has continued in Hong Kong ever since and became the policy

for that Territory. It was spelt out in a statement made

by the Colonial Secretary in the Legislative Council in 1975.

5. Since 1973 the Governor, on the advice of his Executive

Council, has commuted every capital sentence that has come

before him. In most cases mitigating circumstances existed

that would have disposed the Council in favour of clemency

but occasionally in cases where they believe there are no

mitigating circumstances, Unofficial, and less often

Official,

Members of the Council have abstained. They

never now vote in favour of letting the law take its course

since they realise that the Governor, by complying with

Ministerial policy, would be put in an impossible position

if they did so.

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