TNAG-0404-FCO40-450-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 12

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TO PRIORITY F C O TEL NO. 1479 OF 19TH DECEMBER, 1973.

DEATH SENTENCE LEUNG PING-FAT

LEUNG'S CASE WAS CONSIDERED INFORMALLY IN EXECUTIVE COUNCIL YESTERDAY MORNING A MAJORITY OF MEMBERS WAS RELUCTANTLY PREPARED TO ADVISE COMMUTATION, ON THE BASIS OF THE FEATURES OF THE CASE WHICH HAVE BEEN CANVASSED IN OUR EXCHANGE OF TELEGRAMS.

2. AS I SAID IN PARAGRAPH 2 OF MY TEL NO. 1451, IT IS PRECISEL Y THIS TYPE OF CRIME WHICH SO DISTURBS THE PUBLIC. IT WAS QUITE CLEAR THAT MEMBERS OF EXECUTIVE COUNCIL SHARE THAT VIEW AND ARE VERY DISTURBED AT THE PREVALENCE OF MURDER IN THE COURSE OF ROBBERY WHICH SHOWS NO SIGN OF DECREASING.

3. SOME OF THOSE WHO WOULD ADVISE COMMUTATION INDICATED THAT IN DOING SO, THEY WERE TAKING ACCOUNT OF YOUR DIFFICULTIES AND, BUT FOR THIS, MIGHT HAVE ADVISED DIFFERENTLY.

4. TAKING INTO ACCOUNT THE VIEWS EXPRESSED, I MUST WARN YOU THAT WHEN THE CASE IS CONSIDERED FORMALLY (PROBABLY ON THE 8TH JANUARY) THE MAJORITY ADVICE MIGHT BE DIFFERENT. ONE OR TWO PARTICULARLY NASTY CASES OF ARMED VIOLENCE IN THE MEANTIME MIGHT PRODUCE A SIGNIFICANT SWING IN OPINION. IN THIS CASE I WOULD TRY TO DEFER ANY FINAL ADVICE. MEANWHILE I THINK I SHOULD PROCEED ON THE ASSUMPTION THAT THE FORECAST IN PARA.1 IS CORRECT.

5. THE FEELING OF MEMBERS IS STRENGTHENING AGAINST COMMUTATION OF MURDERERS OF INNOCENT CITIZENS DEFENDING THEMSELVES OR THEIR PROPERTY OR THEIR EMPLOYER'S PROPERTY AGAINST ARMED ATTACK.

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