CONFIDENTIAL
Reference..
565
Mr Stuart (K 246)
MR TSOI
As I told you on the telephone yesterday, Mr Royle telephoned me on Saturday to say that a Member of Parliament (? Mr Tinley) had mentioned the possibility that the need for an enquiry into the psychiatric state of Tsoi could be a factor calling for at least a delay in his execution, and possibly a reprieve. The MP had appointmatto see the Secretary of State at about mid-day today.
an
2. From the legal/constitutional point of view, it seems to me that a great deal depends on whether there has already been a proper psychiatric report on Tsoi in Hong Kong. If there has been, and if the Governor has taken it into account in reaching his own decision, then it would seem to me to be contrary to present established practices, as laid down in the Despatches, to request a further report on Tsoi - unless, possibly, there were positive reasons for thinking the Hong Kong report in some way inadequate.
3.
If there has been no psychiatric report in Hong Kong, then I would not think it improper for the Secretary of State to request one, and to delay a decision on his advice to the Queen until one has been received and studied.
4. There have apparently been other cases in which the need for a psychiatric report has been taken into account in deciding what action should be taken in a case of this kind. I do not know whether you will find it possible to unearth some such cases in time for the Secretary of State's meeting today.
5. I am not copying this minute to others since you will doubtless wish to incorporate its conclusions into whatever papers you put up later this morning to the Secretary of State for his meeting at about mid-day.
7 May 1973
A D Watts
Legal Counsellor W 44/5
CONFIDENTIAL
(17293) Dd.897465 400m 1/73 G.W.B.Ltd. Gp.863