TNAG-0404-FCO40-450-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 28

واتو

CONFIDENTIAL

Minister

242

Secretary of State.

299

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240)

(202)

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Mr Youde

Sir D Wayson

PS/Mr Rate:

71/12.

PS

This could be yet

another

bas one.

I kamile la dept

Under Sec's advice

night. H.R.

HONG KONG

Miss Kelfs

t see

A

13/12

Ithili

Jh.

in fendy

The AB-H.

Telegan to seputed. Mar

સં

The Governor has now informed us (Hong Kong telegram no408)

DEATH SENTENCES:

1.

But

that the double murderer Lam Po will be reprieved. But at the

same time he makes it clear in Hong Kong telegram no. 1409 that

he expects to have to reject the petition of Leung Ping-fat.

2. This is another case of murder in the course of a gang

robbery. The petitioner and the other accused confessed.

the confessions of the others were rejected, leaving only the

accused, who had agreed that he had done the killing. At his

trial he tried to deny his confession. There was also a question

of a possible defence of provocation or self-defence which the

Judge did not leave to the Jury. On appeal Leung Ping-fat, or

his advisers, concentrated on this technical question. The

Court agreed that it was a borderline case but were influenced

by the fact that he had not pleaded either of these defences

at his trial.

3. After I had discussed this with the Governor when he was

here during the summer he agreed (Hong Kong telegram no. 1123)

that although this was a difficult case he would commute, partly

on this technical ground and partly because of a doubt about

the reliability of the confession.

the

CONFIDENTIAL

14.