TNAG-0403-FCO40-449-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 42

Sir D Watson

FS Mr Royle

CONFIDENTIAL

DEATH SENTENCES: HONG KONG

1.

•

We have received the papers in the case of Lam Po, the

double murderer. I have shown them to our legal advisers,

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whose comments are attached, and I have also, with Mr Rushford's

agreement, sent them to the Home Office (my letter to Mr Brennan

of 22 October).

2. The Home Office comments are interesting. I have therefore

copied them to the Governor, and have sent him a warning telegram

telling him they are coming, in case he may be on the point of

taking his own decision.

3. In doing so there is some risk of appearing to interfere

thexaniae of

in his discretion; but the Home Office comments are more relevant

to the Governor's original decision on the use of the prerogative

of mercy, than they would be to subsequent consideration by

Ministers in the UK, when constitutional questions would be of the

major importance. Moreover the Governor told me at the time of

the Tsoi case that he expected to be briefed on everything which

happened in the UK which could bear upon his decision.

4. It is too early to consider how the Home Office comments

could affect our own thinking if the Governor nevertheless

decides that the law should take its course.

Among the other

advantages of sending the comments to him now is that he will

/presumably

CONFIDENTIAL