TNAG-0488-FCO40-553-Review-of-death-sentence-in-Hong-Kong-1974 — Page 31

11 DEC¡974

JJKKIX ||

52

CONFIDENTIAL

A.C. Stuart, Esq., C.P.M., Foreign and Commonwealth Office, Hong Kong Department,

Downing Street,

LONDON, S.W. 1A, 2AL.

S.W.1A,

Dear Andrew,

137

ATTORNEY GENERAL'S CHAMBERS

HONG KONG

19th November, 1974.

LAU Ming-chu

Death Penalty.

This is by far the most difficult case we have faced since TSOI. On the facts of the case, I can see no ground for commutation and when I submitted my usual note for Executive Council I advised the Governor that in my opinion the law should take its course. You will have no difficulty in believing that the Governor did not welcome this.

2.

Following an exchange of minutes between the Governor, the Colonial Secretary and me, the Governor has decided to put the case to Executive Council on 10th December. At the same time, the Governor directed that the papers should be sent to you, in accordance with our understanding that you should have prior warning of any particularly difficult case. He has also agreed that I should raise with you issues which have been left on one side since the case of LIU Chu in April.

3.

You will remember that the difficult case of LIU Chu was disposed of last March by commutation and you will also remember on the grounds that the time was not ripe for a confrontation with HMG on the death penalty question. Since then, Executive Council has considered 3 cases. On each occasion; the Governor or the Acting Governor has been able to carry the Council with him on the LIU Chu formula which is that commutation is assumed and Council merely considers what sentence should be substituted. It so happens that none of those cases was a particularly difficult one.

4.

It may help if I now summarise the questions with which I think we are faced.

(a)

Why is this a particularly difficult case in which

to commute?

(b) How does this affect the LIU Chu formula?

CONFIDENTIAL