4.
CONFIDENTIAL
!
SECOND, IF THE PROSECUTION ORIGINALLY THOUGHT THE EVIDENCE STRONG ENOUGH TO JUSTIFY ONLY A VERDICT OF MANSLAUGHTER, IT IS DIFFICULT TO SEE WHAT EMERGED IN THE EVIDENCE GIVEN AT THE TRIA WHICH WOULD CHANGE THIS TO A SURE BELIEF THAT IT WAS MURDER. THI FACT THAT THE PRISONER HAD ALREADY BEEN PUT IN THE CHARGE OF THE JURY MAY HAVE BEEN A VALID TECHNICAL REASON FOR CONTINUING WITH THE TRIAL OR RETRIAL, BUT IT WOULD BE DIFFICULT TO MAKE A MAN'S LIFE DEPEND ON IT.
5. WE HAVE ALSO CONSULTED THE HOME OFFICE WHO CONSIDER THAT, EVEN IF THE WHOLE OF WONG'S EVIDENCE IS TO BE BELIEVED, THERE IS SUFFICIENT UNCERTAINTY ABOUT WHO STRUCK THE FATAL BLOW AS TO RAISE A SCINTILLA OF DOUBT THAT IT WAS LAU. IF THE CASE HAD BEEN ONE. FOR THE HOME SECRETARY, THEY MIGHT WELL HAVE RECOMMENDED A REPRIEVE.
6. WE THEREFORE THINK YOU MAY CONSIDER THAT, LEAVING ON ONE SIDE CONSIDERATION OF THE SITUATION IN HONG KONG OR IN LONDON, THERE MIGHT ANYWAY BE GROUNDS FOR THE EXERCISE OF THE PREROGATIVE OF
MERCY IN THIS CASE.
7. IF, HOWEVER, YOU CONSIDER THAT THERE ARE NO SUCH GROUNDS, WHILE WE ACKNOWLEDGE THE FORCE OF YOUR AGS COMMENTS ON THE HONG KONG SITUATION, IT IS NOT EASY FOR US TO COMMENT ON THE PROBABLE REPERCUSSIONS HERE. YOU WILL BE AWARE OF THE CURRENT RENEWED CONCERN IN PARLIAMENT ON THE QUESTION OF THE DEATH PENALTY IN
CONNECTION WITH THE BANNING OF THE IRA. IT SEEMS PROBABLE THAT
THE RESTORATION OF THE DEATH PENALTY WILL AGAIN BE DEBATED FORMALLY
IN THE NEAR FUTURE. IT IS TRUE THAT THIS IS LIKELY TO BE IN THE
CONTEXT OF POLITICAL TERRORISM, BUT THE QUESTIONS OF PRINCIPLE RUN CLOSE TOGETHER. IT WOULD, ONCE AGAIN, BE MOST UNFORTUNATE IF A HONG KONG CASE BECAME A POLITICAL FOOTBALL IN PARLIAMENT.
8.
IN ANY EVENT LORD GORONWY-ROBERTS HOPES YOU WOULD FIND IT
POSSIBLE TO DEFER ANY DECISION NOT TO COMMUTE UNTIL AFTER YOUR
MEETING WITH HIM ON 18 DECEMBER.
CALLAGHAN
FILES
HKIOD
LEGAL ADVISERS
PS/LORD GORONWY-ROBERTS
2 - CONFIDENTIAL