Mr Wilford
Sir D Watson
PS Mr Royle
Private Secretary
CONFIDENTIAL
DEATH SENTENCE: HONG KONG
1. TSOI Kwok-cheong was convicted of murder in Hong Kong on
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2 November 1972. His appeal against conviction was dismissed by
the Full Court of Hong Kong on 21 December 1972. He petitioned
the Governor for clemency but, after receiving the advice of his
Executive Council, the Governor, on 10 April 1973, ordered that
the law should take its course.
2.
TSOI Kwok-cheong has now petitioned The Queen for the exercise
of her residual Prerogative of Mercy. His petition and the
Governor's comments thereon are attached. The department's legal
adviser has considered the petition and all the records of the
case. Briefly, the case was one of murder in the course of a gang
robbery. The petitioner stabbed to death a young off-duty auxiliary
policeman when the latter went to the assistance of his mother who
was being robbed by the petitioner.
He was 28 years old, and was
not suffering from any degree of diminished responsibility. It
was not a premeditated or planned murder, but murder resulting
from the reckless use of a lethal weapon in furtherance of robbery.
The trial began on 23 October 1972 and ended on 2 November 1972.
The jury found the petitioner and the other 2 accused guilty of
robbery. The second accused, who is not concerned in this petition,
was convicted of manslaughter. The petitioner, who struck the
fatal blow, was convicted of murder.
3. The department's legal adviser considers that the Prosecution
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CONFIDENTIAL
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