TNAG-0486-FCO40-551-Review-of-death-sentence-in-Hong-Kong-1974 — Page 124

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PP HONG KONG

GRS 650A

CYPHER/CAT A

FM FOREIGN AND COMMONWEALTH OFFICE 281420Z

LAST Ref.

NEXT

REF.

TO PRIORITY HONG KONG TELEGRAM NO 106 OF 28 JANUARY.

CONFIDENTIAL

YOUR TELEGRAM NO 110: DEATH PENALTY.

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SORRY FOR THE OMISSION. FOLLOWING IS SUBSTANCE OF LETTER FROM HOME OFFICE ADDRESSED TO STUART.

1.

BEGINS:

AS REGARDS THE CIRCUMSTANCES OF THE OFFENCE, I AGREE THAT IT IS NOT EASY TO SEE ANY POSITIVE MITIGATING FACTORS WHICH COULD BE TAKEN AS GROUNDS FOR CLEMENCY. IT IS, I SUPPOSE, POSSIBLE TO SAY THAT THIS WAS THE ACT OF A FRIGHTENED AND CORNERED MAN RE- ACTING UNTHINKINGLY IN THE EXCITEMENT OF THE CHASE. IT APPEARS THAT WHEN THE PURSUER CAUGHT UP WITH THE PURSUED THERE WAS A STRUGGLE IN WHICH THE PRISONER SUFFERED MINOR INJURIES WHICH MAY HAVE SHOCKED AND ENRAGED HIM: AND IN THIS CONNECTION THE DEFENCE MIGHT PERHAPS HAVE MADE SOMETHING OF THE POINT THAT, AL THOUGH THE ACCUSED WAS IN POSSESSION OF A TABLE KNIFE ACQUIRED FOR THE PURPOSES OF THE ROBBERY, HE DID NOT APPARENTLY USE IT IN THE FATAL STRUGGLE - WHICH COULD BE TAKEN TO SUPPORT THE CONTENTION THAT HE ACTED IMPULSIVELY USING A WEAPON WHICH HAPPENED TO COME TO HAND IN THE COURSE OF HIS FLIGHT FROM HIS PURSUERS. I CANNOT SAY, HOWEVER, THAT THESE POINTS ARE VERY CONVINCING AND MY OWN VIEW IS THAT, IN THE LIGHT OF ALL THE EVIDENCE, IT IS NOT REALLY POSSIBLE TO EXCUSE THE SUBSEQUENT VIOLENT ATTACK ON THE WATCHMAN ON THE GROUNDS OF PROVOCATION OR SELF-DEFENCE.

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