TNAG-0403-FCO40-449-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 60

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FM HONG KONG 030850Z

CONFIDENTIAL

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SOCT 1973

NCK 14./16

TO ROUTINE FCO TELNO 1125 OF 3 OCTOBER. 1973

(200)

(201

203

AJOD JOL

YOUR TELEGRAMS 974 AND 9751 DEATH SENTENCES.

LAST

REF

REF.

(201) 204)

I AM GLAD THAT CONTINGENCY WORK IS PROGRESSING, AND I WILL LET

YOU HAVE MY COMMENTS AS SOON AS POSSIBLE.

2. MEANWHILE, YOU SHOULD KNOW THAT THE APPEAL OF LAM PO, A DOUBLE

MURDERER, HAS JUST BEEN DISMISSED BY THE FULL COURT.

3. THIS MAN WAS CONVICTED OF A PARTICULARLY UNPLEASANT MURDER LAST YEAR, A REVENGE ARSON WHICH RESULTED IN THE DEATHS OF 13 PEOPLE, HIS SENTENCE WAS COMMUTED BY THE ACTING GOVERNOR ON A

TECHINCALITY AFTER A 13 - 1 VOTE IN EXECUTIVE COUNCIL IN FAVOUR

OF THE LAW TAKING ITS COURSE. SEE EXECUTIVE COUNCIL MINUTES FOR

22 AUGUST 1972. THE MAN SUBSEQUENTLY MURDERED A FELLOW PRISONER

IN STANLEY PRISON IN THE PRESENCE OF MANY WITNESSES.

4. OBVIOUSLY THIS WILL BE VERY DIFFICULT CASE, AND THE RELEVANT TRANSCIPTS ARE BEING SENT TO THE F.C.0. BY BAG SCHEDULE 70/UNCLASS OF 5 OCTOBER. DURING THIS SECOND TRIAL FOR MURDER THE ACCUSED RESOLUTELY REFUSED TO ACCEPT LEGAL AID AND ADOPTED A TOTALLY FATALISTIC ATTITUDE. LEGAL AID OFFICERS MORE OR LESS FORCED HIM TO APPEAL, BUT BEFORE THE FULL COURT HE TOOK THE LINE THAT HIS

TRIAL HAD BEEN FAIR AND THE SENTENCE JUST. THE UNUSUAL CIRCUMSTANCES

OF THE CASE LED THE CHIEF JUSTICE TO SEND ME A REPORT, A COPY OF WHICH IS ATTACHED TO THE TRIAL TRANSCIPT.

5. ON THE GROUNDS THAT IT IS ABNORMAL TO ASK TO BE BE HANGED, I HAVE ARRANGED FOR HIM TO BE SENT FOR CAREFUL PSYCHIATRIC EXAMINATION, BUT I FEAR THAT THIS TENDENCY TO MURDER PEOPLE AND

TO ACCEPT THE OUTCOME FOR HIMSELF WITH FATALISM MAY NOT BE FOUND

TO RESULT FROM ANY PSYCHIATRIC CONDITION THAT COULD BE HELD TO BE

MITIGATING CIRCUMSTANCES.

CONFIDENTIAL

/ 6. I WILL

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