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AS REGARDS THE CIRCUMSTANCES OF THE OFFENDER, I DO NOT THINK IT IS POSSIBLE TO FORM A FINAL VIEW ON PRESENT INFORMATION. WOULD BE DESIRABLE, AS YOU SAY, TO HAVE A PSYCHIATRIC REPORT
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WOULD HOPE THAT SOME FURTHER INFORMATION COULD BE OBTAINED ABOUT THE PRISONER'S WAY OF LIFE AND HIS ANTECEDENT HISTORY" BEFORE A DECISION IS REACHED. I NOTE, FOR INSTANCE, THAT THE PRISONER PLEADED POVERTY AS THE EXCUSE FOR THE ROBBERY: IS THERE REASON TO THINK THAT HIS CIRCUMSTANCES WERE SO EXTREME AS TO MAKE HIM A SPECIALLY DESPERATE MAN? AGAIN, THERE ARE REPORTED TO BE MORE THAN 30 PREVIOUS CONVICTIONS, ''MOSTLY OPIMUM AND DRUGS'':
IS THERE A POSSIBILITY THAT EXCESSIVE INDULGENCE IN DRUGS HAD EFFECTED HIS MENTAL RESPONSIBILITY?
FINALLY, A WORD OR TWO ABOUT THE GENERAL SITUATION. ALTHOUGH YOU STRESS THAT IT IS ONLY THE GOVERNOR'S REQUEST FOR INFORMAL COMMENTS
THAT IS UNDER CONSIDERATION AT THIS STAGE, YOU TOUCH IN PARAGRAPH 3 OF YOUR LETTER ON THE CONSEQUENCES OF A DECISION BY THE GOVERNOR THAT THE LAW SHOULD TAKE ITS COURSE. THAT ENGAGES, POTENTIALLY, THE HOME SECRETARY'S RESPONSIBILITIES TO THE EXTENT THAT ACTION BY HER MAJESTY'S GOVERNMENT TO ABOLISH THE DEATH PENALTY IN HONG KONG MIGHT EVOKE SUCH A REACTION AS TO CAUSE REPERCUSSIONS AT WESTMINSTER ON THE CAPITAL PUNISHMENT ISSUE - AS, OF COURSE, MIGHT REFUSAL OF A PETITION TO HER MAJESTY FOR THE EXERCISE OF THE RESIDUAL PEROGATIVE OF MERCY. OUR PRESENT VIEW IS THAT THERE IS NOTHING MUCH TO CHOOSE BETWEEN THOSE ALTERNATIVES FROM THE STANDPOINT OF POSSIBLE DOMESTIC REPERCUSSIONS. BUT WE STILL SEE A DIFFICULTY FOR THE GOVERNMENT. MIGHT HAVE TO CONFIRM ITS INTENTION TO LEGISLATE TO ABOLISH CAPITAL PUNISHMENT IN HONG KONG AGAINST THE WISHES OF THE COLONY'S LEGISLATUR WHILE AT THE SAME TIME MAINTAINING ITS VIEW THAT THE CONTINUED AVAIL ABILITY OF THE PENALTY IN JERSEY AND THE ISLE OF MAN IS A MATTER FOR THE LEGISLATURES OF THOSE TERRITORIES, WHO MIGHT VERY WELL SEEK A PUBLIC RE-AFFIRMATION OF ASSURANCES THAT THEY ALREADY HAVE TO THIS EFFECT. I DO NOT KNOW WHAT ARGUMENTS FOR LEGISLATION IN RESPECT OF HONG KONG COULD BE FOUND. AS YOU KNOW,
AS YOU KNOW, THE GOVERNMENT'S POSITION ON THE ISSUE AS IT AFFECTS GREAT BRITAIN IS THAT IT IS A MATTER FOR. THE INDIVIDUAL CONSCIENCES OF MEMBERS OF PARLIAMENT - IT IS NOT FOR ABOLITION ON PRINCIPLE.
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