TNAG-1005-FCO40-1254-Capital-punishment-in-Hong-Kong-1981 — Page 93

CONFIDENTIAL

HKG 380/8

3 1 JUL 1981

MR RIDLEY'S MEETING WITH SIR S Y CHUNG ON 28 Y 1981

Present:

Mr Nicholas Ridley MP

Mr R D Clift

Sir S Y Chung

En

BBR

3

CAPITAL PUNISHMENT

1.

Sir S Y Chung referred to an article in the 'South China Morning Post' on 16 July referring to a letter written by Mr Ridley to Mr Kenneth Marks MP, which suggested that HMG would not intervene to prevent an execution taking place in Hong Kong. Was the report an accurate description of the letter?

2.

Mr Ridley said that so far as he was aware the letter was correctly quoted (he would check on this). It represented the current general policy towards the Dependent Territories. He did not, however, believe that it changed the present situation in which the primary responsibility was on the Governor to make the final decision on the use of the death penalty.

3. Sir S Y Chung claimed that the Labour Government had told the Executive Council that they would not normally allow the law to take its course and that any proposal by the Executive Council for an execution would be reversed. Was the case now different or would the Governor automatically pardon someone condemned to death?

4. Mr Ridley said that it was not a question of an automatic pardon. The matter was, however, hypothetical and anyway the primary responsibility rested with the Governor. It would be helpful, however, if the Executive Council would continue to avoid putting the Governor in an awkward position by making recommendations for the use of the death penalty. He said that this was a question on which he wished to reflect and to discuss later with Sir S Y Chung, probably during his forthcoming visit to Hong Kong.

DISTRIBUTION:

AKGD (to enter)

PS/Mr Ridley

Sir E Youde

Mr Donald (o/r)

Mr Ure

Mr Rushford, Legal Advisers

Acting Governor, Hong Kong (Personal)

CONFIDENTIAL