TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 109

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

FEBAAO/2

CONFIDENTIAL

iii) The pressure on Governors (under oath to

uphold the laws of their territory) to hang a convicted man who has neither local support or is

from off-island is intense.

iv) In some cases the grounds for commutation by

the Governor are too thin to be sustainable in the

face of local opposition.

v) If the Governor does decide to commute in such

cases, his authority and credibility in other

matters affecting our interests may be brought into question.

vi) Per contra, if a Governor were to decide not to exercise the prerogative of mercy, thereby acceding to popular opinion, we risk constitutional conflict

if we attempt to over rule him.

vii) The "wrong" decision in local eyes can cause a

breakdown in law and order cf Bermuda 1977 and BVI

in 1978.

viii) The UK is in an embarrassing position, as it is constitutionally unable to intervene in one ot

its own Dependent Territories on behalf of a British

subject sentenced to death.

How to Proceed

3. There are two options

two options for ensuring that no more

executions may take place: -

CONFIDENTIAL

/a)

I

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