TNAG-0488-FCO40-553-Review-of-death-sentence-in-Hong-Kong-1974 — Page 29

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

1. Seeing one of these cases for the first time, and as a layman, I am impressed by the quality, content and care which has gone into the preparation of the Hong Kong documentation. All this would seem to be in conformity with the proper tradition of British justice. And quite evidently the fact that the greater part of the evidence has been given in Chinese, and interpreted, will have added both to the difficulties of pursuing the case; as also it must add to the problem of review, by an English-speaking authority, given that nuances of meaning may not have survived in the interpretation process. 2. I have also read with great interest the Attorney General's reasoned

recent description of the dilemma in which the Governor

inevitably finds himself in dealing with capital cases.

3. I think this whole corpus of evidence provides, if it were needed, the point of departure for further discussion with the Governor when he is here later this month on the death penalty dilemma.

4. I agree with Mr Stuart's recommendations and draft

telegram.

PR Male

P JE Male

4 December 1974

On the

general inne, the dilemma is clear and mercapable.

The Attring general is quite night in what he

automatic commutatia!!! As Su 7. Soshice

M

J

་་

says

about

put

J

the Harri

y

It would be unconstitutional

Commons a 23 Wear 1964 (when asked about the exercise the prerogative during the initial trial perced of abletion of the death penalty in this country) for us to abrogate the capital punishment & ad

capital punishment & adumuntiative action the aw" articipation of the amendiment in danger of pulling the Govenor

i

We

at

qu

puerent

the position. The awkward

CONFIDENTIAL

!..

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