TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 108

(17260) Dd.897459 400m 12/72 G.W.B.Ltd. Gp.863 (16940) Dd.897300 400m 9/72 G.W.B.Ltd. Gp.863

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry

No.

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

Restricted.

Unclassified.

PRIVACY MARKING

In Confidence

DRAFT LETTER

To:-

Ivor Richard Esq QC MP

Type 1 +

FROM

Secretary of State

Telephone No. Ext.

Department

Letter despatched by Private Soumerate's Dept

- ! 1973

TSOI KWOK-CHEONG

1. Thank you for your letter of 30 April about the

death sentence passed in Hong Kong on Mr Tsoi.

2. As you know, the death penalty still exists

under Hong Kong law Mr Tsoi was convicted of

murder in the course of a gang robbery and his appeal

was dismissed by the Full Court of Hong Kong. The

Royal Prerogative of Mercy is delegated to the

Governor under the constitution and, after taking

the advice of his Executive Council and considering

all the facts of this case, he decided that the law

must take its course.

3. You will appreciate that, unless there has been

miscarriage

an obvious miscarriage of justice, it is would be most unusual

for the authorities in this country to intervene in

a matter where the effective \exercise of legislative

and prerogative powers lies in Hong Kong.

Nevertheless

Mr Tsoi has now petitioned The Queen for the

exercise of Her Residual Prerogative of Mercy,

and

I shall be forwarding the petition to Her Majesty

after due consideration of the facts in the case,

including the open letter to which you refer.

Üld underhand that

4.

7

you

I 20 see you will not expect me to comment at

/this