Amendind
AS
كلم
मार
Тя риз
1456.
PRIORITY
CYPHER/CAT A
GPS 310
FM HONG KONG 150255Z
CONFIDENTIAL
CONFIDENTIAL
NICKI 16
TO PRIORITY F C O TELNO 1451 OF 15TH DECEMBER, 1973.
PERSONAL FROM GOVERNOR.
YOUR TELEGRAM NUMBER 1281.
2x9
(248
(25)
YOUR PARAGRAPHS 2 AND 3. NO DOUBT THIS IS GOOD LAW, BUT TO LAYMEN LIKE ME AND MEMBERS OF EX-CO THE SALIENT FACTS ARE :- (A) WHEREAS THERE ONCE WAS ROOM FOR SLIGHT DOUBT AS TO LEUNG'S GUILT, THERE IS NOW NONE: AND IT DOES NOT SEEM TO ME TO BE
RELEVANT TO ATTEMPT TO DISTINGUISH WHETHER GUILT HAS BEEN ESTABLISHED
THROUGH ERRORS OF THE ACCUSED DURING OR AFTER THE CRIME OR IN
INSTRUCTING HIS DEFENCE, OR THROUGH ERRORS OF HIS LAWYERS (AS YOU SURMISE, THOUGH I AM NOT SURE ON WHAT EVIDENCE).
(B)
IT IS PRECISELY THIS TYPE OF CRIME WHICH SO DISTURBS THE
PUBLIC, AND WHICH RESULTS FROM THE RECKLESS USE OF LETHAL WEAPONS IN THE COURSE OF A CRIME. WHICH A DEATH SENTENCE MIGHT
OR MIGHT NOT ACT AS A DETERRANT IN SUCH CASES IN EUROPE, THE
CONSENSUS OF OPINION IS THAT IT WOULD IN HONG KONG,
2. THE FOREGOING IS FOR THE RECORD, AND IN EXPLANATION OF WHY
I REGARD THIS CASE AS SO DIFFICULT, BUT THE ARGUMENTS IN YOUR
PARAGRAPHS AND ARE VERY STRONG AND I WILL TRY TO AVOID A CONFRONTATION.
FAR
3. FOR THE LATTER PURPOSE IT IS ESSENTIAL THAT I CARRY EX-CO
WITH ME AND DO NOT MERELY OVERRULE THE COUNCIL'S ADVICE. THE DEVICE OF INFORMAL, PRELIMINARY, AND UNRECORDED DISCUSSION IN EX-CO IS TO ENSURE THIS, AND TO AVOID YOU AND 1-BECOMING COMMITTED
TO ACTION WHICH LACKS EXECUTIVE COUNCIL SUPPORT. IT WORKED WELL IN THE RECENT CASE OF LAM (WHICH WAS DIFFICULT ENOUGH) AND DOES NOT INVOLVE ANY NEW RISK OF EITHER LEAKAGE OR CONFRONTATION.
NOR DOES IT INVOLVE ANY DEPARTURE IN PRINCIPLE FROM THE PROCEDURE AGREED.
MACLEHOSE
FILES
HRICH
LEGAL ADVISERS
PS
PS/pus PS/MR ROYLE SIRD WITTSON
CONFIDENTIAL