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CONFIDENTIAL
4.
I would be very grateful for your advice on how such a case might have been viewed if it had been one where the Home Secretary would have to consider the possibility of commutation. My own view is that the chain of evidence is somewhat defective. While I would not quarrel with the verdict, there does seem a remaining doubt which might be sufficient to justify a reprieve.
Yours case,
Andrew Stua?
A C Stuart
Hong Kong & Indian Ocean Dept.
CC
Mr Rushford, Legal Advisers
CONFIDENTIAL
HONG KONG: DEATH SENTENCES
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J Wes
1. I agree with paragraph 3 of Mr Stuart's minute.
Cur aim
is to avoid confrontation. If the procedure of informal preliminary
discussion in the Executive Council is in the Governor's best
judgment a contribution to this end, then I agree that we will
have to respect tut judgment.
2. There are however implications in the Governor's latest
telegram which I find somewhat disturbing. what it seems to
be saying is that some members of the Executive Council wish to
see executions as a means of deterrent ara that if there were
other cases of murder in the course of robbery they would wish
to see an exemplary execution of Leung, whatever the merits
or otherwise of the case, as a deterrent to others. If the
de tes on the death sentence in western countries have shown
anything, it is that the issues are not as simple as that.
19 December 1973
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Mr Youde PS/M Royle
DEATH SENTENCES:
1.
CONFIDENTIAL
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A.R21/12/13
In his telegram no. 1479 the Governor reports that the
arguments which we have put forward against the execution of
Leung Ping-fat have been enough to influence the decision of a
majority of Executive Council. So far so good. He warns that when
he has to consult them officially, their advice may be different.
But the Royal Instructions provide that the decision is the
Governor's own and that he can disagree with Executive Council if
he thinks it right to do so. There is thus no reason why he need
follow Executive Council's advice if they do change their minds.
The records of the case of Liu Chu, to which the Governor
refers in his 6th paragraph, have not yet arrived. But we have
until 22 January to study them, consult the Home Office, and submit.
3. The Governor has not accepted our comments on the
inadvisability of consulting Executive Council in the preliminary
stage. His reasons are set out in his telegram no. 1451. This is
a pity, but there is force in his arguments and I do not think we
can give him directions on this point.
2.
19 December 1973
GCSE
A C Stuart
Hong Kong & Indian Ocean Dept.
CONFIDENTIAL
/I agree