TNAG-0486-FCO40-551-Review-of-death-sentence-in-Hong-Kong-1974 — Page 54

G. F. 323

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15

There is a second additional factor. The psychiatrist who reported on Chan administered to him at one stage what is commonly known as the truth drug. Under the influence of that drug, Chan maintained roughly the account of his movements on the day of the murder which he gave in his statement to the Police. I have attached hereto a memorandum from the psychiatrist, from which it can be seen that Chan's account of his movements is somewhat vague.

16

An attempt was made by the defence to have this evidence admitted on the basis that, as Chan was directing his alibi towards the evening and not to the earlier part of the day when he must have known that the murder was committed if he were the culprit, this tended to prove his innocence. The evidence was not admitted,

Factors relevant to question of commutation

17

The trial judge makes no comment in his report with respect to the jury's verdict. What he says is somewhat unhelpful in that he seems prepared to do no more than assume the correctness of the jury's verdict. Thus, on the question of the exercise of the prerogative of mercy he says "on the evidence given at the trial, assuming that the verdict of the jury that the accused committed this murder was correct and that there was adequate evidence to support the conviction, I regret that I am unable to advance any reason as to why the law should not take its course".

18

The case for the prosecution was not a strong one. It rested largely on the evidence given by Mr Edgley that there had been contact between the clothing of the deceased and that of Chan. There was the evidence refuting Chan's alibi (which was raised at the trial by way of his statement to the Police). There was the evidence that he had asked a fellow tenant to say that he had been busy cooking meals and minding the baby and the evidence of a baby-sitter who said that Chan had never collected his daughter before 4.30 p.m.

19

Although the prosecution case was a thin one, nonetheless there was sufficient evidence to support the jury's verdict. It was a dreadful murder.

20

There are two possible grounds on which com-

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