TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 74

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(HK)

TO PRIORITY GOVERNOR HONG KONG TELEGRAM NO. 447 OF 8 MAY, 1973

PERSONAL FOR GOVERNOR

YOUR TELEGRAMS NOS 489,490 AND 491.

1. THANK YOU FOR THIS VERY COMPREHENSIVE ADVICE.

2. 1 NOTE THE COMMENT IN YOUR TELEGRAM NO 422 THAT THE PRISONER WAS NOT SUFFERING FROM ANY DEGREE OF DIMINISHED RESPONSIBILITY, IT APPEARS, HOWEVER, FROM THE MEMORANDUM TO EXECUTIVE COUNCIL THAT THE PRISONER WAS NOT EXAMINED BY A PSYCHIATRIC SPECIALIST, UNLIKE, FOR EXAMPLE, THE CASE OF CHAU (YOUR REFERENCE CXR(72)64). YOU WILL OF COURSE HAVE CONSIDERED THE POINT THAT LEGAL INSANITY AND DIMINISHED RESPONSIBILITY ARE RATHER DIFFERENT FROM CLINICAL MENTAL ABNORMALITY, AND THAT THE LATTER CAN BE RELEVANT IN CONSIDERING THE POSSIBILITY OF A REPRIEVE.

3. IN ORDER TO REMOVE ANY DOUBT ON THIS POINT, I WOULD BE MOST GRATEFUL, IF THIS HAS NOT ALREADY BEEN DONE, IF YOU COULD ARRANGE FOR MR TSO! TO BE PSYCHIATRICALLY EXAMINED AND FOR A REPORT TO BE SUBMITTED TO ME WITH ANY COMMENTS YOU MAY WISH TO ADD. IN THE UK THE USUAL PRACTICE WAS FOR THE EXAMINATION TO BE CONDUCTED BY A PANEL OF 3 SUITABLY QUALIFIED PERSONS (ONE OF WHOM WAS AN INDEPENDENT PSYCHIATRIST OF HIGH REPUTE). I MUST LEAVE IT TO YOU TO DECIDE WHETHER THIS WOULD BE APPROPRIATE IN THE CIRCUMSTANCES OF HONG KONG.

DOUGLAS HOME

FILES

UKIOD

PRIVATE SECRETARY FS/PUS

CIRE NORRIS

MR WILFORD SIR D WATSON

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