10.
and the one which most closely accords with the underlying
ethical assumptions of criminal law, is the intent to kill. In
our view the essential element in the intent to kill should be
willingness to kill.
Your Petitioner would humbly refer Your Excellency-in-Council's
attention that there is no evidence in the case against Your Petitioner that
he had the specific intent to kill. Consequently if the recommendations of the
Law Commission referred to were accepted, it is clear that Your Petitioner
1
could not have been convicted of murder.
11.
Your Excellency-in-Council will see from the above that had the
offence been committed in England the death sentence could not have been
passed upon Your Petitioner and it is Your Petitioner's humble submission
that in a matter of such gravity it is not morally acceptable or defensible
that Your Petitioner should be punished by the death sentence in Hong Kong
and not in England.
12.
And Your Petitioner makes this Petition in seeking clemency from Your Excellency-in-Council and prays that Your Excellency-in-Council will
commute his death sentence to one of imprisonment.
Dated the
day of December 1974.
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Solicitors for the Petitioner