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COINCIDENCE BUT THAT HE HAD DETECTED A HARDENING OF OPINION IN EX. CO. AND IT WAS HARD TO SAY WHETHER THIS HAD AFFECTED ADVICE

GIVEN AS TO WHAT CONSITUTED MITIGATING CIRCUMSTANCES. MY OWN GUESS IS THAT OVER THE YEARS THIS MAY HAVE BEEN THE CASE, THOUGH SINCE MY OWN TIME HERE IT WOULD BE TRUE TO SAY THAT THIS IS THE FIRST CASE IN WHICH MITIGATING CIRCUMSTANCES HAVE BEEN WHOLLY ABSENT. OF COURSE THE RAPID RISE IN THE INCIDENCE OF VOILENT CRIMES AND

MURDER HAS MADE THE OCCURRENCE OF SUCH A CASE MORE LIKELY.

5. THERE IS THE FURTHER EXTRA-LEGAL POINT OF WHAT THE PUBLIC HAS IN FACT BELIEVED THE POSITION TO BE. PROBABLY THE PUBLIC HAVE GENERALLY INTERPRETED THE SITUATION IN ACCORDANCE WITH THEIR OWN SUBJECTIVE VIEWS ON CAPITAL PUNISHMENT: THAT IS TO SAY, 99 PER CENT OF THE POPULATION HAS NOT ONLY CONSIDERED THAT THE LAW REMAINED IN FORCE BUT HAS PROGRESSIVELY AND VOCIFEROUSLY EXPRESSED CONCERN AT THE FAILURE TO APPLY IT. ON THE OTHER HAND, THE ABOLITIONISTS HAD PROBABLY CONVINCED THEMSELVES THAT THE ABSENCE OF EXECUTIONS WAS NOT A COINCIDENCE BUT AN ACT OF POLICY IN CONFORMITY WITH UK PRACTICE AND HAVE BEEN CORRESPONDINGLY UPSET IN PRESENT

CIRCUMSTANCES.

6. I THINK THAT THE SHORT ANSWER TO YOUR QUESTION THEREFORE IS THAT.

THE DEATH SENTENCE HAS NOT BEEN IN 'DESUETUDE' IN ANY SENSE OF

LAW OR POLICY OR PRESENTATION TO THE PUBLIC, BUT THAT RECENT HISTORY HAS STIMULATED A HOPE AMONG THEM SO DISPOSED THAT IT WAS.

M.L.F.T.

MACLEHOSE

FILES:

HKIOD

NEWS DEPT

PS

PS/PUS

FS/MR. ROYLE

MK. WILFORD SIR E. NORRIS

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