TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 162

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11. · If you decide to press for the Order in Council

option, it would be wise to discuss the matter with a

restricted group of colleagues (the Prime Minister, Home Secretary, Lorde President, Lord Privy Seal and Chief

Whip) before taking the matter further in OPD. If however, you wish to challenge the Law Officers objections to the PQ route, you wll need to circulate a

minute to your colleagues explaining the course you propose to adopt. Opposition could still come from David Waddington, in the light of his minute of 14 December,

but he may be content with the line, even though it goes

so close to breaching government neutrality on the issue

of capital punishment.

12. We considered a number of other theoretical options,

but rejected them on grounds of being wholly

constitutionally improper or politically unfeasible:

viz

-

?

i) The Foreign and Commonwealth Secretary of the day to go over the heads of Governors and advise HM

The Queen to exercise the prerogative. (This course

which would have to be announced in Parliament, would be (unconstitutionally improper, since it would change by administrative means the law in each of

the Dependent Territories.)

ii) A formal instruction to Governors to commute

in all cases. (This would be open to the same objection as option (i), and would conflict with

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