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32) Flag D
the finding and ends up with his own view on the question of
punishment. In considering the last point it is normal for
the judge to cover a somewhat wider ground than the evidence
of the case as it was presented to him. This has led Hong Kong
judges in the past to recommend mercy on grounds of age, public
sentiment etc. In this particular case Mr Morley-John recommended
that the law should take its course. The Legal Advisers do not
consider that there is anything improper in this or that it
should be set against the Governor's assurance in his telegram
No 458 that his decision was based solely on the facts of the
case.
(b) The Private Secretary has asked whether there are other
similar cases pending and how many. There is one such case,
which is currently under consideration by the Legal Advisers.
In this case also the Governor has also told us that it may be
difficult to find mitigating circumstances. But Executive Council
have not yet reviewed the case and the Governor is awaiting our
comments before submitting it to them. There may well be other
(e.g. the cars such cases in the pipeline. But we do not normally know of them
reported in the
Tunes on 5 May [lask)
until the records are sent to us by the Governor. I do not
think, however, that our decision in this case should be
influenced by these considerations.
First it would go against
the principle that each case must be considered on its merits.
Second, if questions of policy were considered, it is true that
it might be embarrassing to reprieve Mr Tsoi, with all that this
implies for conflict with Hong Kong, only subsequently to have
to let the law take its course in a possibly more serious case.
/But equally
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