TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 158

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

CONFIDENTIAL

written to you expressing strong opposition to the

abolition of the death penalty and seeking an assurance

that we would not legislate against local wishes. He

encouraged his Caribbean colleagues in other DTS to take

similar action. His letter tells us nothing we did not

know. Meanwhile, the fate of the man condemned on

Anguilla and sentenced to hang remains to be decided.

4. Proceeding by Order in Council would remove all

ambiguity and the constitutional proprieties would be respected. The Chief Whip is content for us to proceed

in this way and so is the Home Secretary. However, in

the light of Lord Waddington's strong views on the

substance you may wish to discuss the merits of this

course with a small group of colleagues before

circulating a paper to OPD.

Parliamentary Statement

5.

Although it is opposed by the Law Officers you

will wish to be aware of what I had in mind in

considering whether to accept their advice. The second

option, a parliamentary statement, would be far less.

tidy, but nevertheless attractive. The statement would

be a version of Lord Waddington's preference for muddling

through. By an inspired (written) Parliamentary

Question, you could set out our policy following the CJB

debate: in this way, the House, Chief Ministers and

Governors would be left in no doubt of HMG's views.

Governors would be expected to be guided accordingly.

This approach would effectively overturn much of the

Creech-Jones doctrine (announced in a Parliamentary

CONFIDENTIAL

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