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ADOO GOL
TO PRIONITY GOVERNOR HONG KONG TELNO 6 OF 3 JANUARY, 1974.
MY Tegro 1: CEATH SENTENCE, CHAN HON-TONG.
1. THE HOME OFFICE HAVE NOW: TOLD US THAT THEY AGREE WITH THE COMMENTS IN MY TELEGRAM UNDER REFERENCE. IF SIMILAR CIRCUMSTANCES HAD ARTSEN HERE, THEY WOULD HAVE FELT SOUND TO ADVISE THE HOME SECRETARY TO RECOMMEND COMMUTATION ON THE GROUND THAT THERE WAS A SCINTILLA OF DOUBT WHICH MADE IT ADVISABLE TO ALLOW THE LAV TO TAKE ITS COURSE, INTERFERENCE ON THIS GROUND IS NOT NECESSARILY BASED ON NEW INFORMATION NOT KNOWN TO THE JURY, IT IS, RATHER, A RECOGNITION THAT IN A MATTER OF LIFE OR DEATH, SPECIAL WEIGHT MUST BE GIVEN TO ANY UNCERTAINTY AS TO THE PRISONER'S GUILT.
2.
THE PHILOSOPHY OF INTERFERENCE BECAUSE OF A SCINTILLA OF DOUBT IS SUMMARISED IN THE FOLLOWING EXTRACT FROM THE WRITTEM EVIDENCE SUBMITTED BY THE HOME OFFICE TO THE ROYAL COMMISSION ON CAPITAL PUNISHMENT IN 1949. YOU MAY FIND THIS USEFUL:-
QUOTE VERY OCCASIONALLY CAGES OCCUR IN WHICH THE SENTENCE OF DEATH IS COMMUTED BECAUSE THE HOME SECRETARY FEELS THAT DESPITE THE VERDICT OF THE JURY THERE IS A SCINTILLA OF DOUBT AS TO THE PRISONER'S GUILT. IN SOME SUCH CASES THE HOME SECRETARY MAY RECEIVE INFORMATION WHICH WAS NOT BEFORE THE COUNT AND TENDS TO THROW COME DOUBT ON THE PRISONER'S QUILT, BUT EVEN WHERE THERE IS
NO
NEW, IT FORMATION IT IS THOUGHT NIGHT THAT IF THE HOME SECRETARY FEELS THE SLIGHTEST DOUBT, THE PATCOMER SHOULD DE GIVED THE BENEFIT OF IT. SUCH CASES ARE RANE BUT THE CONSIDERATION ON WHICH THE EXERCISE OF THE PREROGATIVE IS RECOMMENDED, WHERE THEY DO OCCUR, IS THAT THE DEATH SENTENCE DIFFERS FROM ANY OTHER SEKTENCE BECAUSE OF ITS IRREVOCABLE CHARACTER, AND THAT THEREFORE AN ELEMENT OF DOULT WHICH WOULD NOT BE STRONG ENOUGH TO WARRANT A REVERSAL OF
THE CONVICTION MAY NEVERTHELESS BE SUFFICIENT TO JUSTIFY THE SUBSTITUTION OF A SENTENCE OF LIFE IMPRISONMENT FOR THE EXTREME
PENALTY OF DEATH.
UNQUOTE
DOUGLAS-HÜMIE
FILES
HKLOD
LEGAL ADVISERS PS
MR YOUDE
PS/MR ROYLE SIR D WATSON
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