TNAG-0401-FCO40-447-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 4

Mr Wilford

Sir D Watson

watson

CONFIDENTIAL

D. Stugan

135

21/6

شامي

n.

Diss Kelly to note ite

(128)

Flag

132

DEATH SENTENCE: HONG KONG

1.

Hong Kong telegram No 658 contains prior notice of the case

of YEUNG Piu-yan, which is to come before Executive Council on

Flag B 26 June. We have also received the ExCo papers.

PIA

211

2. The Governor said that he would send us the papers of

potentially difficult cases. This case does not look particularly

difficult but he is obviously playing safe. It may look like a

waste of time, as well as an interference with the Governor's

personal prerogative power, to send him advance comments on a case

which he is obviously going to reprieve anyway. I discussed this

when I was in Hong Kong, and asked the Acting Attorney General

whether it might be possible for us only to look at the papers

when Executive Council had advised against a reprieve, and the

question of a dissenting decision by the Governor had therefore

become actual. However, we agreed that, in the wake of the Tsoi

case, it would be better to provide the Governor with advance

comments, if any, in all cases on which he consulted us. This

might result in some unnecessary work, but it would be politically

preferable to giving the appearance that the Governor was awaiting

London's instructions. Even in straightforward cases it could,

in present circumstances, be useful to him to have the informal

views of the Legal Advisers.

133)

3. Mr Rushford has accordingly looked at the records of Mr Yeung's

Flag case. He has recorded that he respectfully agrees with the

/recommendation

CONFIDENTIAL