TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 164

THE RIGHT HONOURABLE SIR ALEC DOUGLAS-HOME

HOUSE OF COMMONS

DEAR MR. SECRETARY,

THE FOLLOWING LETTER WHICH IS BEING PUBLISHED TOMORROW FRIDAY IN THE SOUTH CHINA MORNING POST, HONG KONG'S LEADING ENGLISH LANGUAGE NEWSPAPER REFLECTS THE CONCERN FELT BY MANY HONGKONG RESIDENTS OVER HIS EXCELLENCY THE GOVERNOR'S DECISION NOT TO REPRIEVE A CONDEMNED MURDERER,

"IN THE CONTROVERSY SURROUNDING THE GOVERNOR'S DECISION NOT TO GRANT TSOI KWOK-CHEONG A REPRIEVE, ONE, AND IN OUR VIEW MOST IMPORTANT, FACT SEEMS TO HAVE BEEN OVERLOOKED. NO ONE HAS BEEN HANGED SINCE NOVEMBER 1966 DURING WHICH TIME 30 CONVICTED MURDERERS HAVE BEEN REPRIEVED. EITHER THE DECISION IN TSOI'S CASE MARKS A CHANGE IN POLICY OR HIS MUST HAVE BEEN MORE HEINOUS A CRIME THAN ANY OF THE OTHER 30 WITH FEWER OR NO MITIGATING FACTORS COMPARED WITH THEM. WHATEVER THE GOVERNOR'S ATTITUDE TOWARDS THE DEATH PENALTY MAY BE, IT REMAINS AN INCONTROVERTIBLE FACT THAT THE PUBLIC AT LARGE, AND CERTAINLY THE UNDERSIGNED, HAVE BEEN LED TO BELIEVE THAT IN PRACTICE THE DEATH PENALTY WAS A THING

OF THE PAST IN HONG KONG.

IN SUCH CIRCUMSTANCES, IF A CHANGE OF POLICY WAS CONTEMPLATED THE PUBLIC OUGHT TO HAVE BEEN APPRAISED OF SUCH CHANGE. IT WOULD HAVE BEEN A SIMPLE MATTER FOR THE GOVERNOR TO HAVE REMINDED THE PUBLIC THAT THE DEATH PENALTY WAS STILL PART OF THE LAW AND THAT IT SHOULD NOT BE ASSUMED THAT IT SHOULD NEVER

BE ENFORCED.

THE COINCIDENCE OF THE GOVERNOR'S DECISION NOT TO COMMUTE THIS PARTICULAR SENTENCE OF DEATH WITH THE MUCH HERALDED ANTI- CRIME CAMPAIGN AND THE PROPOSALS OF THE GOVERNMENT TO WITHDRAW A VERY LARGE CATEGORY OF CASES FROM THE BENEFIT OF TRIAL BY JURY IS, TO SAY THE LEAST OF IT, VERY DISTURBING. HOWEVER MUCH SOME MAY CONSIDER MR. TSOI SHOULD HANG, WE CANNOT BELIEVE THAT IT IS RIGHT THAT IT SHOULD APPEAR THAT HE IS TO DIE AS AN INTRODUCTORY STEP TO THE MEASURES WE HAVE MENTIONED. WE CANNOT ESCAPE FEELING THAT HAD TSOI BEEN CONVICTED EARLIER HIS CHANCES OF SURVIVAL MIGHT HAVE BEEN GREATER, AND WE ARE GRAVELY TROUBLED THAT THIS STEP, IN

THESE CIRCUMSTANCES, MAY GIVE THE NOOSE THE APPEARANCE OF BEING A LOTTERY. PUBLIC POLICY HAS BEEN JUDICIALLY DEFINED AS AN "UNRULY HOR SE" TO RIDE, WE HAVE NEVER BEFORE HEARD IT SUGGESTED THAT PUBLIC POLICY COULD BE A SACRIFICIAL ALTAR.

CERTAIN SIGNATORIES OF THIS LETTER ARE IN FAVOUR OF CAPITAL PUNISHMENT BUT CANNOT LOOK WITH EQUANIMITY UPON ITS ENFORCEMENT IN THIS CASE.

GILBERT BAKER, BISHOP OF HONG KONG,

FRANCIS HSU, ROMAN CATHOLIC BISHOP OF HONG KONG,

Voor Urban Council

BROOK BERNACCHI Q.C.

Leader of Reform Club

GERALD DE BASTO Q.C. Chairman of UK. Bar Association

1.

S.V. GITTINS Q.C.

HENRY LITTON Q.C.

haw Society.