Miss Kelly (HKIOD)
Reference...... HKK..14/1......
CONFIDENTIAL
DEATH PENALTY : LIU CHU
1.
With reference to your minute dated 19 February (I think in fact it should be 18 February) I have looked again through the material parts of the evidence at the trial, and it seems to me that the jury were fully justified in rejecting the alternative verdicts in paragraph (2) to (6) of the judge's summing-up and finding the accused guilty of murder.
2. Having now seen the judgment of the Full Court, I note that Counsel for the accused found no ground on which to argue that the decision of the trial court was wrong, and that each of the three judges comprising the Full Court came to the same conclusion.
3. I therefore agree with paragraph 4 of telegram No 223.
4.
I see no reason to dissent from paragraph 5 of that telegram.
5.
As for paragraph 3A of telegram No 224, the judge's recommendation seems to me to be amply justified; if he had seen some mitigating circumstances in the case, he would no doubt have mentioned it, but none is apparent on the record.
6. There could be no harm in letting the Home Office see the latest telegrams, but I should not expect them to take a different view.
7. Unless the drug-addiction point provides a ground for mercy, it is hard to see what specific point could be put forward in favour of it. The most one can say for the accused is that this was not a premeditated murder, but one committed in the excitement of the chase; but if the Governor were to decide to let the law take its course, this would hardly be a sufficient ground for setting aside his decision.
A.R.R.
19 February 1974
CONFIDENTIAL
A R Rushford
Deputy Legal Adviser
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