TNAG-0404-FCO40-450-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 19

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TO PRIORITY GOVERNOR HONG KONG TELNO 1281 OF 13 DECEMBER. 1973 FOLLOLING STRICTLY PERSONAL FOR GOVERNOR.

YOUR TELEGRAM NO 1439.

DEATH SENTENCE: LEUNG PING-FAT.

1. AS YOU KNOW, THE POSITION IN LONDON IS THAT MINISTERS ARE ANXIOUS

TO SUPPORT YOU BUT WISH TO BE ASSURED THAT THE DEATH PENALTY WILL ONLY BE USED IN HONG KONG IN THE VERY WORST CASES, THE BURDEN OF DECISION WHETHER THIS IS SO IN THE CASE OF LEUNG PING-FAT OF COURSE

LIES PRIMARILY ON YOU.

2. ALTHOUGH I AGREE IT IS MOST UNLIKELY THAT THE JURY WOULD HAVE BELIEVED THE DEFENCES OF PROVOCATION OR SELF-DEFENCE IF THEY HAD BEEN LEFT TO THEM, WE CANNOT BE ABSOLUTELY SURE OF THIS. THE DEATH PENALTY IS FINAL, THERE IS ALSO THE FACT THAT THE OTHER ACCUSED WERE ACQUITTED. MOREOVER, IN THIS CASE THE KILLING WAS NOT PREMEDITATED BUT TOOK PLACE IN THE COURSE OF AN UNEXPECTED FIGHT BETWEEN TWO PERSONS, THE ONLY EVIDENCE OF THIS STRUGGLE, APART FROM THE WOUNDS SUSTAINED BY THE DECEASED, HAS BEEN PROVIDED BY THE ACCUSED HIMSELF AND WHAT HE SAYS IN PARAGRAPHS 8 AND 9 OF THE PETITION MAY WELL BE TRUE, ON THESE FACTS ONE CANNOT REGARD THIS AS QUOTE THE WORST CASE UNQUOTE.

3. THE PETITIONER HAS CLEARLY BEEN BADLY ADVISED THROUGHOUT. IT IS NOT INCONCEIVABLE THAT IT IS HIS LAWYER WHO HAS ADVISED HIM NOT TO PURSUE THE QUESTION OF HIS CONFESSION BUT TO CONCENTRATE ON THE ASPECT OF SELF-DEFENCE. THE PRACTICAL EFFECT OF THIS HAS BEEN TO PUT HIM IN DANGER OF EXECUTION, WHEN AS WE KNOW, HE WOULD HAVE BEEN

REPRIEVED IF HE HAD PETITIONED IN DIFFERENT TERMS.

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