TNAG-1005-FCO40-1254-Capital-punishment-in-Hong-Kong-1981 — Page 44

CONFIDENTIAL

2.

I

the status of law nor of Constitutional Conventions.

4.

It is also true that those Carribean Colonies where

executions have taken place do have varying degrees of elected

government whereas Hong Kong does not. This may form a

legitimate political and administrative justification for the

Secretary of State offering different advice to Her Majesty

in petitions emanating from those jurisdictions but this is not

a matter of Constitutional law but rather one of political

and administrative expediency.

5.

I agree that Hong Kong is in an anomalous situation

in relation to those other colonies where the death penalty has

been carried out. This has arisen largely in my opinion as a

result of political and administrative decisions rather than

from Constitutional law.

Tom Jonst

(F. T. M. Jones) Acting Attorney General

21. 9. 81.

CONFIDENTIAL