TNAG-0403-FCO40-449-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 4

GPS 530

PRIORITY

CONFIDENTIAL

CYPHER/CAT A

FM HONG KONG 070210Z

CONFIDENTIAL

AKILIU

TO PRIORITY FCO TELNO 1489 OF 7 DECEMBER. 1973

YOUR TELEGRAM NO 1210.

DEATH SENTENCE: LEUNG PING FAT,

A

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I AM AFRAID THAT LEUNG'S ADMISSION IN HIS PETITION FOR CLEMENCY

THAT HE DID THE KILLING DOES CHANGE THE SITUATION. ANY DOUBT WHICH

THERE MIGHT HAVE BEEN ON ACCOUNT OF THE FACT THAT LEUNG WAS CONVICTED

ON THE BASIS OF A RETRACTED CONFESSION HAS GONE.

2. PARAGRAPHS 2(B), 4, 5 AND 6 OF YOUR TELEGRAM UNDER REFERENCE.

MY ATTORNEY GENERAL ADVISES THAT IN HIS OPINION NEITHER THE

DEFENCE OF SELF-DEFENCE NOR THE DEFENCE OF PROVOCATION COULD

POSSIBLY HAVE SUCCEEDED. HE DOES NOT THINK THAT THERE IS ANY

RESIDUAL DOUBT ON THIS SCORE WHICH JUSTIFIES COMMUTATION. HE HAS COMMENTED AS FOLLOWS.

QUOTE NO WITNESS SAW EXACTLY WHAT WAS HAPPENING IN THE STRUGGLE AT THE REAR OF THE SHOP BETWEEN LEUNG AND THE DECEASED. ALL THAT THE WITNESSES COULD SAY WAS THAT THEY HEARD THE NOISE OF THE STRUGGLE AND THAT EVENTUALLY ONE OF THE FOUR INTRUDERS CAME INTO THE FRONT OF THE SHOP DRAGGING THE DECEASED. THE DECEASED'S INJURIES WERE VERY SEVERE, EITHER OF THE TWO MAJOR WONDS WOULD HAVE BEEN

FATAL. IT IS NOT POSSIBLE TO SAY WHAT, IF ANY, INJURY LEUNG SUSTAINED BECAUSE HE WAS NOT ARRESTED UNTIL SOME THREE MONTHS AFTER THE MURDER. IT SEEMS POSSIBLE THAT THE STRUGGLE BETWEEN LEUNG AND

THE DECEASED WAS PRECIPITATED BY THE DECEASED. BE THAT AS IT MAY, IT SEEMS TO ME THAT THE MULTIPLE INJURIES SUSTAINED BY THE DECEASED

ARE SUCH AS TO LEAVE NO ROOM FOR ANY DOUBT WHATEVER AS TO THE

VERDICT OF THE JURY HAD THE DEFENCE OF PROVOCATION AND SELF-DEFENCE

BEEN LEFT TO THEM. NEITHER COULD POSSIBLY HAVE SUCCEEDED UNQUOTE,

3. MY ATTORNEY GENERAL ADVISES THAT IN HIS OPINION THE ONLY

POSSIBLE GROUND FOR COMMUTATION IS THAT LEUNG OUGHT NOT TO BE

CONFIDENTIAL

/EXECUTED BECAUSE

J