TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 184

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concept of 'common purpose". A third category might encompass cases where we might feel there had been an actual miscarriage of justice an unsound conviction of a person innocent of the offence alleged. Hypothetical examples might be a death sentence on Roger Cooper in Iran for alleged spying, or the sentence of a Romanian dissident for, say, treason.

To achieve complete moral consistency we would have to be prepared to intervene in every case in any of these categories of which we became aware, which is clearly impractical. We therefore need criteria to narrow the field. Locus might be one criterion. Public and Parliamentary concern another. Calculation of the British national interest a third. Chance of success a fourth.

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Should our concern end with an appeal? In cases where we believe there has been a miscarriage of justice, for example, if we feel strongly enough to intervene, are we not bound also to respond if the appeal fails and the sentence is executed?

6. What relevance, if any, might international legal instruments have for the grounds for intervention? You mentioned the UN Covenants and I should be grateful for your further thoughts, with those of Mr Rankin.

7. Finally there is the apparent anomaly, which both of us noted, of the final court of Appeal of certain dependent territories being vested in the Privy Council. I understand that in these circumstances the Privy Council technically does not sit as a British Court. But as a result British Ministers may sometimes find themselves upholding death sentences on dependent territory citizens. Yet in other circumstances they might come under pressure to appeal against such sentences passed on British protected citizens by foreign courts. Is it right for Ministers thus to be cast simultaneously in the role of hanging judges and petitioners for pardon, according to circumstances? Is it time to consider severing this residual Colonial link? should particularly welcome comments on this point.

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