CONFIDENTIAL #2

機密

XCC(76)17

(b)

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(c)

2 -

consider to what extent police procedures can be tightened to prevent a reoccurrence of the conduct criticised by Mr Justice Yang;

review the levels of responsibility for the investi- gation of important offences, such as homicide.

Two other matters arise from the report. The first is whether having regard to the report, the Governor should be advised to exercise his power of pardon or remission of sentence.

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The Chief Justice was invited to comment on the question

of pardon and has said:

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"I think it very likely that if all that is now known had been known at the time when the sentence of death passed upon LEUNG Wing-sang was commuted, it would have been commuted to a period of imprisonment less than that which was then agreed (20 years). However, to make a change now might be open to misconstruction by the public. It is a very delicate matter indeed.

The second question is whether the report should be published. In view of the public interest in the matter and the fact that the Com- missioner sat in public, it is suggested that it should be published in English, with a Chinese translation.

Honourable Members will be asked to advise whether the

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report should be published.

23rd April 1976

(COU 1/2647/74 (TC 14/76))

C.S. 166

CONFIDENTIAL

COUNCIL CHAMBER

機密

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