TNAG-0488-FCO40-553-Review-of-death-sentence-in-Hong-Kong-1974 — Page 25

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IMMEDIATE

CONFIDENTIAL

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FM FCO 091425Z

CONFIDENTIAL

DESKBY 100188Z

(HKK14 ||

TO IMMEDIATE HONG KONG TELNO 1080 OF. 9 DECEMBER 1974.

ATTORNEY-GENERAL'S LETTER TO STUART OF 19 NOVEMBER:

MING-CHU

DEATH PENALTY.

LAU

1. WE ARE GRATEFUL TO YOU FOR CONSULTING US, AND TAKE THE ATTORNEY-GENERAL'S POINTS ABOUT THE DIFFICULTY OF THIS PARTICULAR CASE AND OF THE SITUATION IN GENERAL. HOWEVER, ON THE QUESTION WHETHER THERE COULD BE GROUNDS FOR COMMUTATION, REGARDLESS OF THE SURROUNDING POLITICAL CIRCUMSTANCES, WE THINK THERE MAY PERHAPS

BE MORE SUBSTANCE THAN IS SUGGESTED IN PARA. 7 OF THE AGS LETTER,

2. GIVEN THAT THE JURY FOUND ONLY LAU GUILTY OF MURDER, WHILE HIS CO-ACCUSED TANG WAS CONVICTED ONLY OF MANSLAUGHTER (PRESUMABLY BECAUSE THEY WERE NOT SATISFIED ON COMMON INTENT), IT BECOMES VITAL TO BE SURE WHO STRUCK THE FATAL BLOW. THE WOUNDED MAN CHEUNG SAYS THAT IT WAS THE FIRST MAN TO CLIMB THE STAIRS, BUT HE CANNOT IDENTIFY HIM. THE EVIDENCE THAT IT WAS LAU WHO WENT

FIRST TO THE FLAT COMES FROM THE ACCOMPLICE WONG WHO WAS ANYWAY NOT PRESENT WHEN THE KILLING TOOK PLACE. IT IS TRUE THAT LAU'S OWN STATEMENT TO THE POLICE DOES CORROBORATE WONG'S EVIDENCE IN SOME MATERIAL PARTICULARS, WHICH MAY HAVE HELPED THE JURY TO DECIDE THAT WONG WAS A RELIABLE WITNESS. THERE MIGHT THUS BE NO GROUND, FOR INSTANCE, FOR QUASHING THE SENTENCE ON APPEAL.

IT

3. NEVERTHELESS, IN DECIDING WHETHER IT IS SAFE TO HANG ONE MAN, WHILE THE OTHER LIVES, IT SEEMS TO US THAT IT WOULD BE RIGHT TO CONSIDER WHETHER THERE IS CORROBORATION OF THE CRUCIAL PART OF WONG'S EVIDENCE, THAT LAU FIRST WENT TO THE FLAT ON HIS OWN. SÉEMS THERE IS NOT. MOREOVER, DESPITE THE TRIAL JUDGE'S CAREFUL SUMMING UP ON ACCOMPLICE EVIDENCE, HE DOES NOT APPEAR TO HAVE MENTIONED THIS PARTICULAR POINT TO THE JURY. /4. SECOND, IF THE

CONFIDENTIAL