CONFIDENTIAL
Foreign and Commonwealth Office
London SW1
CH Prior Esq
Home Office
Whitehall
SW1
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4) SUB FILE
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257
20 December 1973
1.
Dea Prior,
You have kindly been giving us advice on murder cases in Hong Kong. As you know, the prerogative of mercy rests with the Governor; but in view of the political problems that arose over the case of Tsoi, we have been commenting to the Governor on any aspects of these cases which seem to us important. Since the case of Tsoi he has reprieved all the cases which have been before him for consideration and has told us that he is likely to do so in the case of Leung Ping-fat on which you wrote to Crowson on 3 December. The next difficult case on which he has asked for our informal comments is that of Chan Hon-tong. I attach the records that have so far been sent to us.
2.
This seems to me a very difficult case on which to base any decision. There seems little doubt that the clothing of the deceased had been in contact with some clothing found in the possession of the accused. It also seems clear that his alibi was false. But it does seem possible that either the clothing was not his or that he had been in contact with the deceased at some other time than when she was killed. There was no evidence whatever of any other connection between the accused and the deceased or of any motive. The accused did not give evidence. But it is clear from the transcript that his Counsel argued the case on the absence of proof by the prosecution. Unfortunately the closing addresses are not included in the record that has been sent to us. But it is not difficult to deduce the line that Counsel must have taken.
3.
When all this is said and done however, the Jury convicted the accused. I can find nothing wrong in the summing up, though the Chief Justice does not appear to have made anything substantial of the fact that, even supposing that the accused and the deceased had been in contact, there was no proof that this was at the moment of her death.
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