TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 94

CONFIDENTIAL

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psychiatric report would be most unlikely to provide grounds

for proposing a reprieve. There is no suggestion that the prisoner

is clinically insane, or anything near it. If there had been any

suspicion of this, the Governor would certainly have asked for

his own report.

RECOMMENDATION

6. For the sake of the prisoner himself and the general

situation in Hong Kong, we should avoid unnecessary delay in

reaching a final conclusion. Our subsequent investigations I believe

have only confirmed the view in my submission of 24 April, that

it would be most difficult to intervene in the Governor's exercise

of his discretion. I therefore recommend that the letter to the

Palace attached to that submission should now be despatched and,

when The Queen's reply is received, the reply to the Governor

should be sent in the terms proposed.

7.

I attach the

Alternatively, if there is advantage in this country in some

further delay while every possible consideration is further

explored in detail, there could be advantage in asking the

Governor to arrange a psychiatric investigation.

draft of an alternative telegram to achieve this. I shall myself

be in Hong Kong on 9 May and could explain to the Governor

personally the timing and other considerations behind this

request.

8. The department's Legal Adviser concurs.

5

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7 May 1973

CONFIDENTIAL

ACSha

A C Stuart

Hong Kong & Indian Ocean Department

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