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CONFIDENTIAL

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Mr Guest

Lugst

TALKS WITH THE GOVERNOR OF HONG KONG DEATH PENALTY

1. You told me this morning that Mr Royle had asked for our

preliminary views on a reply to the Governor's telegram No 840,

about the position reached following the recent DOP decision.

In particular, he asked for possible answers to the questions

raised in the Governor's paragraph 6(a), (b) and (c).

2. The Governor has seen the dangers inherent in the outcome

of the DOP discussions. It was these difficulties that prompted

Sir Duncan Watson's two letters to the Governor. These letters,

which Sir Duncan showed to Mr Royle in advance, are attached

together with Mr Stuart's covering submission of 20 July.

3. The Chief Justice of Hong Kong called on me this morning.

He told me that a particularly bad case, of which we already

had some preliminary knowledge, is likely to come to trial within

the next 2 or 3 weeks. It concerns a man who murdered by arson

11 people, including 2 children. He was sentenced to death, but

reprieved by the Acting Governor. He has now stabbed to death

a fellow prisoner. If he is found guilty and sentenced to death,

the date of hearing of his appeal is fairly flexible but might be

in about October. The Chief Justice may well hear it himself;

his view this morning was that he might well have to dismiss it.

The man, incidentally, has refused legal aid.

4.

So long as a case of this sort does not come to us, we could

let things stand as they are. The DOPC meeting on 11 July decided

that the death sentence in Hong Kong should not be abolished.

CONFIDENTIAL

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