TNAG-1005-FCO40-1254-Capital-punishment-in-Hong-Kong-1981 — Page 63

CONFIDENTIAL

ESSENTIAL FACTS

CAPITAL PUNISHMENT

1. The Creech Jones doctrine has been applied for very many years

to those Dependent Territories where capital punishment is still

retained under local law. It continues to be applied except for

Hong Kong.

2. In 1973 Sir Alec Douglas-Home felt obliged to prevent an

execution in Hong Kong at a time when Parliament was considering

capital punishment in Northern Ireland. This later led to a

with F statement in the Hong Kong Legislative Council on 6 November 1975

to the effect that the Secretary of State could not recommend

D

E

The Queen to reject a plea for clemency from any condemned man whilst

feeling in the Commons was against capital punishment. Since 1973

the Governor of Hong Kong has commuted each death sentence and the

Executive Council has concurred (although some members have on

occasion abstained).

3. Subsequent to the execution in Bermuda in 1977 of two murderers,

which had provoked strong opposition, Ministers considered whether it

was time to abrogate the Creech Jones doctrine. They decided to

defer a decision on policy in the matter. The PUS wrote on 4 April 1978

informing Governors. The Governor of Hong Kong welcomed this decision,

as he felt any general abolition could resurrect the issue of capital

punishment in Hong Kong; he thought the Hong Kong post-1973 situation

was indefinitely sustainable.

4. In July 1978 Dr Owen decided that the Parliamentary situation

at the time did not allow a change in policy towards the Dependent

Territories.

CONFIDENTIAL

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