TNAG-0682-FCO40-831-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 19

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accept my advice in view of strong political considerations which he sees as militating against a reference. The trial of Cunningham and Thompson was the first of its kind involving large scale syndicated corruption. It naturally attracted great public attention. The Governor feels that a reference

by him would be completely misunderstood by the public even if we succeed in upholding the convictions, as I would hope. he says this against the background of my opinion (and it cannot be more) that the convictions will be upheld by the Court of Appeal and of the view, which we all hold, that there is in fact no doubt of the guilt of both Cunningham and Thompson.

And

However, before he makes a final decision, the Governor would like to know whether he can rely on your support, whatever representations may subsequently be made, if he decides not to refer. I have told the Governor that I

am quite sure that, if we do not refer (and take no other

course in relation to the convictions), the solicitors will pursue this matter in every possible way, and in particular that I expect a petition to the Queen in the last resort. Against that background, I have said to the Governor that it would be quite intolerable to me personally, and detrimental to the office of the Attorney General, if a decision now not to refer were subsequently reversed following representations from the FCO. I feel that such a course of events would be damaging for his position also. In short, I am concerned about the damage that might be done to the standing of our administration of justice in Hong Kong if such a course of events were to materialise. It is in the light of this that the Governor has asked me to write to you.

I now turn to the "subsequent events" to which I referred in my third paragraph.

During the trial of Cunningham and Thompson, LAU was heavily cross-examined as to credibility. Among the allegations made against him was one that he had framed a man for murder. He denied this. It also emerged during the trial that such