TNAG-0682-FCO40-831-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 10

PERSONAL & CONFIDENTIAL

HKK 380/6

Sir Murray MacLehose

6 April 1977

agree in advance to support a decision against referal, even again assuming that the Home Office's practice were to be set aside, without a fuller assessment of the nature and force of any representations that may result from it.

4. I think we also need to bear in mind that a decision against referal could have political repercussions in the UK as well as in Hong Kong. It seems to us in the department that recent PQs, if nothing else, confirm that information about what goes on in Hong Kong is not slow in reaching Westminster. Even if a decision by you against referring the cases of Cunningham and Thompson to the Court of Appeal were not to be picked up in the press, I think we have to assume that critics in Hong Kong of such a decision could find a Parliamentary outlet for their views. In short, the political considerations in Hong Kong against referring the cases would need to be balanced by those that might arise here if Parliamentary interest were to be aroused.

5.

This said, it seems to the department's Legal Adviser that it would be right, in the interests of justice, to refer the cases of Cunningham and Thompson to the Court of Appeal in spite of the political considerations that I understand to be worrying you. We in the department would not at this stage wish to go quite as far as this without knowing more about these considerations. Nevertheless, I think I should tell you that on the basis of the Home Office's practice and in the light of the possible political considerations at this end, we would find it very difficult to make out a case for Ministers giving you the support that you would like if you were to decide against referal.

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PERSONAL & CONFIDENTIAL

DF Milton