Mr Wilford

PS Mr Royle

PS

CONFIDENTIAL

DEATH SENTENCES: HONG KONG

Flag A

Flag B

FROBLEM

The Secretary of State has consulted the Governor again (FCO

telegram No 432) and has received his comments (Hong Kong

telegrams Nos 489, 490 and 491). We have to consider the next

step.

CONSIDERATIONS

(a) It has been suggested that the Commissioner of the High

Court who tried Mr Tsoi urged that an example should be made in

this case, and that this raised the possibility that the decision

to let the law take its course might have been taken as an act

of policy rather than on the merits of the case itself.

4B) ANNEX 2.

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under the

A

This probably relates to the last passage in the Commissioner,

Mr Morley-John's, formal report to the Governor of 7 November 1972.

This reads: "In my opinion this type of armed robbery has reached

alarming proportions in the Colony and Your Excellency may well

consider that an example should be made in the case of the

Royal Instructor

prisoner who is 28 years of age".

Such a report is a normal part of the procedure in Hong Kong

after sentence has been passed and before the Governor and

Executive Council consider a reprieve. In the report the Trial

Judge sets out the elements of fact and law in the case and in

/the finding

CONFIDENTIAL

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