CONFIDENTIAL # # 機密
r discussion
on 4th April 1978
HKK380/1.
4 APR 1978
XCC(78)27
Copy No... of 40 Page 1
MEMORANDUM FOR EXECUTIVE COUNCIL
Removal Act
Colonial Prisoners Removal Act 1884
REMOVAL OF
AND DONALD DAVID BASSETT
то
&
614
On 30th July 1976
were convicted of the murder of one
and
and were
sentenced to death. The murder was committed on 18th February 1976 outside Sek Kong (Army) Camp by the two offenders who, at the time, were soldiers both aged 19 years. They had been drinking heavily since the previous day and in the early hours of 18th February, having attacked three Chinese men and injured one, they proceeded to set upon the deceased, a middle-aged Chinese male. He was subjected to a prolonged beating and died of brain injury.
2
The prisoners' applications for leave to appeal against con- viction were heard and dismissed by the Court of Appeal on 10th February 1977.
A
3
On 5th July 1977, following the advice of Honourable Mem- bers, the sentences of death passed on the two prisoners were commuted to life imprisonment.
4
Section 2(b) of the Colonial Prisoners Removal Act 1884, provides for the removal of a prisoner who, at the time he committed the offence for which he was sentenced, belonged to Her Majesty's Regular Military Forces. This is the only reason for removal under section 2 of the Act (Annex A) that is likely to be applicable under present-day conditions.
B
5
were serving members of Her Majesty's Forces at the time the above-mentioned offence was committed. Accordingly preliminary arrangements have been put in hand for their removal to the United Kingdom, in accordance with previous practice (Annex B). The Secretary of State for Foreign and Commonwealth Affairs has been consulted, and subject to the concurrence of the Hong Kong Government has agreed that the two prisoners may be removed to the United Kingdom to serve their sentences there.
C.S. 166
CONFIDENTIAL
機密