TNAG-0486-FCO40-551-Review-of-death-sentence-in-Hong-Kong-1974 — Page 92

CONFIDENTIAL

GPS 350

CYPHER/CAT A

FM HONG KONG 18073 Z

CONFIDENTIAL

RECEIVED IN

REGISTRY No.52

19 FEB1974

LAST

REF

(30)

NEX

REF.

Tor

TO ROUTINE FCO TELNO 224 OF 18 FEBRUARY. 1974

M.I.P.T.

IT IS RIGHT THAT YOU SHOULD WISH TO CONSIDER EVERY POSSIBLE ASPECT OF THE TRIAL AND OF THE PRISONER'S CIRCUMSTANCES AS I HOPE I HAVE DONE. I HOPE M.1.P.T. HAS REASSURED YOU ON THE POINTS RAISED IN YOUR TWO TELEGRAMS.

2. WHILE WE ARE IN DUTY BOUND TO SCRUTINISE THESE POSSIBLE GROUNDS FOR MITIGATION, IT IS ALSO RRELEVANT THAT THE CHIEF INSPECTOR OF POLICE CONCERNED IN THE CASE DESCRIBES LIU AS A CUNNING AND THOROUGHLY BAD MAAN WITH NO REDEEMING FEATURES: AND THAT THE TRIAL JUDGE, A LOCAL MAN OF CONSIDERABLE EXPERIENCE AND NEXT IN LINE FOR A PUISNE-JUDGESHIP, RECOMMENDED THAT THE LAWW

RECOMMENDED THAT THE LAWW SHOULD TAKE ITS COURSE.

3. I SUGGEST THAT WE NOW HAVE TO CONSIDER THE FOLLOWING RATHER DIFFERENT POINTS:-

(A) DOES THE JUDGE'S RECOMMENDATION THAT THE LAW SHOULD TAKE ITS COURSE STAND UP UNDER A SCRUTINY AS SYMPATHETIC TO THE PRISONER AS REASON AND THE LAW PERMIT?

(B) IF SO

(1) WOULD THE S OF S SUPPPORT A DECISION TO EXECUTE LIU:

(11) IF NOT, AND IF INFORMAL SOUNDING HAS SHOWN THAT THE COUNCIL IS LIKELY TO ADVISE THAT THE LAW SHOULD TAKE ITS COURSE, WOULD HE BE PREPARED TO ABOLISH THE DEATH SENTENCE IN HONG KONG BY ORDER IN COUNCIL IN THE U.K.

CONFIDENTIAL

/4. IT WOULD BE A