TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 20

CONFIDENTIAL

014176 MDHOAM 794

MAIN ISSUE HAS BEEN TAKEN.

TIMING WILL THEREFORE BE TIGHT AND

YOU MAY WISH TO SEE WHETHER MINISTERS WILL BE AVAILABLE FOR YOU TO CONSULT IN THE COURSE OF TUESDAY 18 DECEMBER.

3. ON THE ASSUMPTION THAT WE ARE ABLE TO CONFIRM THAT YOU SHOULD BRIEF MINISTERS, YOU SHOULD TAKE THE LINE THAT THE SECRETARY OF STATE HAS TAKEN THIS DECISION BECAUSE HE IS ULTIMATELY ANSWERABLE TO PARLIAMENT FOR THE GOOD GOVERNMENT OF THE DEPENDENT TERRITORIES. HE IS THEREFORE RESPONSIBLE FOR ENSURING THAT SO FAR AS POSSIBLE GOVERNMENTS OF THE DTS FOLLOW UK LEGISLATION AND PRACTICE. THIS APPLIES PARTICULARLY IN AN AREA WHERE THE UK PARLIAMENT HAS EXPRESSED A CLEAR AND CONSISTENT VIEW OVER MANY YEARS. APART FROM YOUR EXCOS, YOU SHOULD, AS YOU SEE FIT, INFORM OTHER LEADERS OF PUBLIC OPINION WHO MAY BE EXPECTED TO GIVE US SUPPORT FOR OUR ACTION. WHILE WE DO NOT EXPECT THERE TO BE A REVERSAL OF PUBLIC OPINION IN THE TERRITORY, IT WOULD BE HELPFUL IF THE MORE RESPONSIBLE CITIZENS WERE GIVEN TO UNDERSTAND THE REASONS BEHIND OUR DECISION. PLEASE REPORT BY TELEGRAM WHAT ACTION YOU HAVE TAKEN.

4. WHILE WE DO NOT EXPECT THERE TO BE ANY UNREST FOLLOWING NEWS OF THE PRIVY COUNCIL ORDER, YOU WILL WISH TO CONSULT YOUR POLICE COMMISSIONER TO ENSURE THAT LAW AND ORDER WILL BE MAINTAINED IN THE TERRITORY DURING THE WEEKS FOLLLOWING THE ANNOUNCEMENT. 5. HAMILTON ONLY. ON RECEIPT OF THE TRIGGER TELEGRAM ON 17 DECEMBER, YOU SHOULD INFORM SIR JOHN SWAN OF WHAT WE INTEND TO DO. IF HE ASKS WHETHER THE ORDER WILL APPLY TO BERMUDA, YOU WILL BE ABLE TO TELL HIM THAT IT WILL NOT, AND THAT PRIMARY LEGISLATION WOULD BE REQUIRED TO ABOLISH CAPITAL PUNISHMENT IN BERMUDA UNLESS THE BERMUDA LEGISLATURE ITSELF TOOK ACTION. YOU SHOULD REPEAT WHAT WE HAVE ALREADY TOLD HIM THAT WE WOULD PREFER A DECISION ON THE WAY FORWARD IN BERMUDA TO LIE IN BERMUDIAN HANDS, AND THEREFORE EXPRESS THE HOPE THAT THE GOVERNMENT WILL TAKE APPROPRIATE ACTION IN THE LIGHT OF WHAT WE HAVE DONE

ELSEWHERE.

5. HONG KONG ONLY. YOU ARE ALREADY AWARE OF WHAT IS PLANNED FOR THE CARIBBEAN FROM OUR TELNO 2360.

HURD

YYYY

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