TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 38

GRPS 300

CYPHER/CAT A

FM HONG KONG 1400332

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тор сору

167

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HKK 14/16.

TO ROUTINE F C O TELNO 902 OF 13TH AUGUST, 1973.

DEATH SENTENCE LEUNG PING-FAT.

I SHALL BE ADDRESSING YOU IN THE NEAR FUTURE ON THE SUBJECT OF THE CONTINGENCY PLANS TO WHICH THE GOVERNOR REFERS IN HIS TELNO 840.

2.

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IN THE MEANTIME I THINK THAT YOU SHOULD SEE THE PAPERS IN THIS CASE, WHICH IS A DIFFICULT ONE. LEUNG HAS APPLIED FOR SPECIAL LEAVE TO APPEAL TO THE PRIVY COUNCIL. THE PAPERS HAVE TO BE LODGED BY 20TH AUGUST. MY LEGAL ADVISERS THINK THAT LEAVE WILL BE REFUSED, BUT IT IS NOT YET KNOWN WHEN THE APPLICATION WILL RE HEARD.

HOWEVER, THE LIMITED TIME WHICH WILL BE AVAILABLE IN

THE FINAL STAGES LEADS ME TO SEND YOU THE PAPERS NOW.

3. I AM SENDING BY BAG NO. A87 OF 14TH AUGUST THE TRIAL TRANSCRIPT THE FULL COURT JUDGEMENT, THE JUDGES REPORT AND A REPORT BY THE SOCIAL WELFARE DEPARTMENT.

4. LEUNG WAS ORIGINALLY INDICTED JOINTLY WITH TWO OF THE OTHER ROBBERS. THE OTHER TWO WERE DISCHARGED WHEN CONFESSIONS WHICH THEY HAD MADE WERE NOT ADMITTED. LEUNG, WHO HAD NOT FREVIOUSLY CHALLENGED HIS OWN CONFESSION, THEN DID SO. THIS PLACED HIS COUNSEL IN AN IMPOSSIBLE SITUATION AND HE WAS ALLOWED TO WITHDRAW. THE TRIAL JUDGE THEN ORDERED A RE-TRIAL FOR LEUNG, SO THAT HE COULD BE REPRESENTED ANEW. HE WAS CONVICTED ON THE RETRIAL.

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