CONFIDENTIAL
4. In informing us of his preliminary decision the Governor may well comment on these points, both because we have invited him to do so and because they arise naturally from a perusal of the court records. If nevertheless he decides to let the law take its course, we shall still have to decide what to do.
5.
We have expressly reserved the Secretary of State's right to comment even after we have received the Governor's prelimi- nary decision, before Ministers decide whether to support the Governor or change the law. But at that stage it will not be easy to avoid major difficulties. The Governor is aware of the need for care and to ensure that none but the very worst cases are sent forward. But opinion in ExCo and in Hong Kong in general is likely to be influenced by the fact that this is a second killing as well as by the general question of the death penalty. If we have relevant comments on the case itself, I think it would be both prudent and proper for us to make them now, perhaps in the form that, having looked at the records, the following preliminary points occur to us which it would be helpful if the Governor could cover in informing us of his decision.
6. If you agree in general with this approach, I would be very grateful if you could peruse the records of the case and let me have any comments (either arising from paragraph 3 above or otherwise) which you think we should pass to the Governor or take into account ourselves. Subject to your comments, I think we may have to consult Ministers before doing so. The time for all this is liable to be very short.
10 October 1973
Copy to:
Mr Youde
Sir D Watson
CONFIDENTIAL
ACS
A C Stuart
Hong Kong & Indian Ocean Department
No comments yet.
Private notes are available after approval.