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321
PLA
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IMMEDIATE
CYPHER/CAT A
GFS 400
#1 HONG KONG 330716Z
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TO TIMEDIATE FGO TELNO 453 OF 30 APRIL. 1973
3/5
тор сору
YOU WILL HAVE RECEIVED A TELEX REPRODUCING A LETTER PUBLISHED
IN THE SOUTH CHINA MORNING POST ON FRIDAY, APRIL 27. MY COMMENTS
ON THE LETTER ARE AS FOLLOWS.
2, THE SIGNATORIES ARE PREDOMINATLY NON-CHINESE AND THE OPINIONS
EXPRESSED IN THE LETTER ARE REPRESENTATIVE OF THOSE OF ONLY A SMALL
MINORITY IN HONG KONG,
3. I HAVE CERTAINLY NOT LOST SIGHT OF THE FACT THAT TSO'S EXECUT- ION WOULD BE THE FIRST SINCE 1966. SINCE THAT DATE, EACH CASE HAS BEEN CONSTUERED ON ITS INDIVIDUAL NERTIS BY MY PREDECESSOR OR MYSELF. ANY SUGGESTION THAT THE DECISION IN TSOI'S CASE WAS LINKED WITH THE ANTI-CRIME CAMPAIGN IS WHOLLY UNFOUNDED, THE DECISION WAS BASED SOLELY ON THE FACTS OF THIS CASE.
4. INEVITABLY THERE WILL DE CHARGES OF INCONSISTENCY IF SOME CONVICTED HURDERERS ARE REPRIEVED AND SOME ARE EXECUTED, THERE HAS NEVER BEEN ANY PUBLIC STATEMENT FROM WHICH IT COULD BE
INFERRED THAT THE DEATH PENALTY WAS A THING OF THE PAST IN HONG KONG,
5. IF I HAD FOLLOWED THE SUGGESTION THAT I SHOULD HAVE ANNOUNCED
THAT THE DEATH PENALTY WAS LIKELY TO BE ENFORCED IN THE FUTURE, NO DOUBT I WOULD THEN HAVE BEEN CRITICISED, IN T201'S CASE, FOR
HAVING MADE UP MY MIND IN ADVANCE THAT CAPITAL PUNISHMENT SHOULD
HE REIMPOSED IRRESPECTIVE OF THE CIRCUMSTANCES OF 7501'S CASE,
6. THERE IS NO PROPOSAL TO WITHDRAW A LARGE CATEGORY OF CASES
FROM TRIAL BY JURY. THERE IS A PROPOSAL TO INCREASE THE POWERS
OF SENTENCE OF THE DISTRICT COURT. IF THIS IS PUT INTO EFFECT, THE ATTORNEY GENERAL INTENDS TO EXERCISE THE DISCRETION WHICH HE ALREADY ENJOYS TO DIRECT VORE CASES FOR TRIAL TO THE DISTRICT COURT
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