TNAG-0401-FCO40-447-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 80

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5. SUCH A CASE APPEARS UNLIKELY IN THE IMMEDIATE FUTURE.

CHAN (YOUR PARA. 4) I WOULD REPRIEVE IN ANY CASE. OF THE FURTHER,

3 CASES IN THE PIPELINE I AM FAIRLY CONFIDENT OF BEING ABLE

TO REPRIEVE ALL, THOUGH IN ONE CASE THE JUDGE HAS RECOMMENDED

AGAINST MERCY.

6. BUT SOONER OR LATER THERE IS BOUND TO BE SUCH A CASE. THE MOST

LIKELY STARTER IS AT PRESENT IS A CASE INVOLVING ONE OF THE

MURDERERS REPRIEVED IN THE CIRCUMSTANCES DESCRIBED IN SIR HUGH

NORMAN-WALKER'S NOTE ON MINUTES OF EX-CO OF 22-8-72 HE IS NOW CHARGED

WITH A FURTHER MURDER (OF A PRISONER IN STANLEY) THE CASE WILL

PROBABLY GO FOR TRIAL WITHIN THE NEXT 4 WEEKS, AND

I CANNOT PREJUDGE THE OUTCOME, BUT IF HE IS FOUND GUILTY IT NEED

NOT COME TO EX.CO. IN UNDER 2 OR 3 MONTHS. IN ADDITION THERE IS A

CASE IN WHICH A POLICEMAN WAS SHOT DEAD BY A BANK ROBBER: NO

ARREST HAS YET BEEN MADE BUT THE SCENT IS GETTING WARMER. BUT HERE

AGAIN IN ANY EVENT NO PROBLEM CAN ARISE UNDER 4 OR 5 MONTHS. IN

EITHER OF THESE CASES POPULAR FEELING COULD RUN VERY HIGH AND

THE MORALE AND SAFETY OF THE POLICE AND PRISON SERVICE MIGHT BE AT

ISSUE.

7. SINCE THE REPERCUSSIONS OF EITHER (A) OR (B) ABOVE WOULD BE

SO SERIOUS I WOULD ADVISE ACTING ON THE FORMULA IN PARA, 6 OF YOUR

TEL. 460 UNTIL SUCH TIME AS THIS PROBLEM IS LIKELY TO BE REACTIV-

ATED BY A REALLY BAD CASE COMING TO EX.CO. I COULD GUARANTEE AT LEAST

6 WEEKS NOTICE OF THIS. AT THAT POINT, AND IN THE LIGHT OF YOUR

ESTIMATE OF PARLIAMENTARY OPINION AT THE TIME AND THE CIRCUM-

STANCES OF THE CASE, A DECISION COULD BE TAKEN AS TO WHETHER THE SOLUTION IN PARA. 1(A) OR PARA. 2 SHOULD BE ADOPTED.

8. YOU WILL NOTE THAT THE VIABILITY OF THIS PLAN OF ACTION IF

RELATED TO PARA. 1(A) WOULD ASSUME YOUR ABILITY TO DISPOSE OF THE DEATH SENTENCE IN HONG KONG BY U.K. CONSTITUTIONAL PROCESSES

OF ONE SORT OR ANOTHER WITHIN A TIME SPAN OF 4 OR 5 WEEKS FROM

A DECISION BEING TAKEN.

9.

SINCE DRAFTING THE ABOVE I HAVE RECELYED YOUR TELNO 520. THE HOLE IN CHEONG-LEEN'S OPINION IS THAT THE LAW STANDS IN

HONG KONG, I WOULD HAVE TO ALLOW THE LAW TO TAKE ITS COURSE IF THE

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