TNAG-0404-FCO40-450-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 18

Amendind

AS

كلم

मार

Тя риз

1456.

PRIORITY

CYPHER/CAT A

GPS 310

FM HONG KONG 150255Z

CONFIDENTIAL

CONFIDENTIAL

NICKI 16

TO PRIORITY F C O TELNO 1451 OF 15TH DECEMBER, 1973.

PERSONAL FROM GOVERNOR.

YOUR TELEGRAM NUMBER 1281.

2x9

(248

(25)

YOUR PARAGRAPHS 2 AND 3. NO DOUBT THIS IS GOOD LAW, BUT TO LAYMEN LIKE ME AND MEMBERS OF EX-CO THE SALIENT FACTS ARE :- (A) WHEREAS THERE ONCE WAS ROOM FOR SLIGHT DOUBT AS TO LEUNG'S GUILT, THERE IS NOW NONE: AND IT DOES NOT SEEM TO ME TO BE

RELEVANT TO ATTEMPT TO DISTINGUISH WHETHER GUILT HAS BEEN ESTABLISHED

THROUGH ERRORS OF THE ACCUSED DURING OR AFTER THE CRIME OR IN

INSTRUCTING HIS DEFENCE, OR THROUGH ERRORS OF HIS LAWYERS (AS YOU SURMISE, THOUGH I AM NOT SURE ON WHAT EVIDENCE).

(B)

IT IS PRECISELY THIS TYPE OF CRIME WHICH SO DISTURBS THE

PUBLIC, AND WHICH RESULTS FROM THE RECKLESS USE OF LETHAL WEAPONS IN THE COURSE OF A CRIME. WHICH A DEATH SENTENCE MIGHT

OR MIGHT NOT ACT AS A DETERRANT IN SUCH CASES IN EUROPE, THE

CONSENSUS OF OPINION IS THAT IT WOULD IN HONG KONG,

2. THE FOREGOING IS FOR THE RECORD, AND IN EXPLANATION OF WHY

I REGARD THIS CASE AS SO DIFFICULT, BUT THE ARGUMENTS IN YOUR

PARAGRAPHS AND ARE VERY STRONG AND I WILL TRY TO AVOID A CONFRONTATION.

FAR

3. FOR THE LATTER PURPOSE IT IS ESSENTIAL THAT I CARRY EX-CO

WITH ME AND DO NOT MERELY OVERRULE THE COUNCIL'S ADVICE. THE DEVICE OF INFORMAL, PRELIMINARY, AND UNRECORDED DISCUSSION IN EX-CO IS TO ENSURE THIS, AND TO AVOID YOU AND 1-BECOMING COMMITTED

TO ACTION WHICH LACKS EXECUTIVE COUNCIL SUPPORT. IT WORKED WELL IN THE RECENT CASE OF LAM (WHICH WAS DIFFICULT ENOUGH) AND DOES NOT INVOLVE ANY NEW RISK OF EITHER LEAKAGE OR CONFRONTATION.

NOR DOES IT INVOLVE ANY DEPARTURE IN PRINCIPLE FROM THE PROCEDURE AGREED.

MACLEHOSE

FILES

HRICH

LEGAL ADVISERS

PS

PS/pus PS/MR ROYLE SIRD WITTSON

CONFIDENTIAL