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EXECUTED BECAUSE HE WAS ONLY ONE OF A NUMBER OF PERSONS WHO WERE EQUALLY INVOLVED. (DESPITE THE FACT THAT LEUNG DID THE ACTUAL KILLING) AND THE OTHERS HAVE BEEN ACQUITTED BECAUSE THEIR CONFESSIONS
WERE REJECTED ON THE GROUND THAT THEY HAD BEEN IN CUSTODY FOR
SOME TIME BEFORE THEY WERE MADE.
I AM NOT CONVINCED THAT THIS IS A GOOD GROUND FOR COMMUTATION
IN VIEW OF THE FACT THAT LEUNG DID THE KILLING. I AM VERY DOUBTFUL
WHETHER MEMBERS OF EXECUTIVE COUNCIL WILL THINK THAT IT IS, THE
FACT IS THAT THIS CASE IS ALARMINGLY SIMILAR TO TSOI'S.
5. IN THE CIRCUMSTANCES I NOW INTEND TO SEEK THE VIEW OF EXECUTIVE
COUNCIL INFORMALLY REPEAT INFORMALLY, ON THIS CASE. I HOPE TO DO
SO ON 18 DECEMBER. IN THE MEANTIME MY DECISION TO COMMUTE NO LONGER
STANDS.
6. YOUR TELEGRAM NO 1195.
THE NEXT CASE WHICH WILL BE CONSIDERED IS THE CASE OF CHAN
HON-TONG, THIS ALSO IS A DIFFICULT ONE AND I SHALL THEREFORE TAKE
THE ADVICE OF EXECUTIVE COUNCIL INFORMALLY IN THE FIRST INSTANCE
EARLY IN JANUARY.
7. THE NEXT CASE AFTER THAT, LIU CHU, MAY BE EXPECTED TO COME
FORWARD FOR CONSIDERATION LATER IN JANUARY. NONE OF US SEES ANY
GROUND FOR COMMUTATION WHATSOEVER. I AM ARRANGING FOR THE TRIAL TRANSCRIPT AND OTHER PAPERS TO BE SENT TO YOU IMMEDIATELY,
MACLEHOSE
FILES
HKIOD
FS
PS/MR. ROYLE PS/PUS
LEGAL ADVISERS
sep ANNEX A- HKIL 14/1 (1974)
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