TNAG-0403-FCO40-449-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 30

A

CONFIDENTIAL

5. BUT HE COULD NOT HAVE DONE THIS WITHOUT ABANDONING HIS MAIN

DEFENCE, THAT HIS CONFESSION WAS FALSE AND HE WAS NOT AT THE SCENE OF THE CRIME AT ALL. MOREOVER WE DOUBT WHETHER HIS FAILURE TO GIVE -

EVIDENCE ON THE POINT SHOULD INFLUENCE THE JUDGE IN DECIDING WHETHER

THE PROSECUTION HAD NEGATIVED THESE DEFENCES SO COMPLETELY THAT

THERE WAS NOTHING TO LEAVE TO THE JURY.

6. WE CANNOT KNOW WHAT THE JURY WOULD HAVE DECIDED IF THE DEFENCES

OF PROVOCATION OR SELF-DEFENCE HAD BEEN LEFT TO THEM, BUT AS SEEN

FROM HERE THERE COULD STILL BE SUFFICIENT RESIDUAL DOUBT TO JUSTIFY

COMMUTATION.

DOUGLAS-HOME

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IKI OD

PRIVATE SECRETARY

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PS/MR RCYLE

PS/PUS

-2.- CONFIDENTIAL

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