Background
CONFIDENTIAL
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1.
A person convicted
of murder
in Hong Kong must be
condemned to death by sentence of the High Court. The
Royal Instructions provide that a person so condemned has
a right to have his case reviewed by the Executive
the right to pardon or reprieve resting with the
Council,
Governor.
2.
I f the Governor declines to exercise his right of
pardon ог reprieve, the prisoner has the right to
petition HM the Queen. The Queen, in reaching her
decision, acts upon the advice of the Secretary of State for Foreign and Commonwealth Affairs. In tendering his
advice to the Queen, the Secretary of State must tak e
into account the likely reaction in the United Kingdom
Parliament. Recent Secretaries of State have been of the opinion that they would not be supported in the House of
Commons if they were to advise that the death sentence be
carried out in Hong Kong.
3. The last death sentence that was carried out in Hong
Kong was in November 1966. Since then, 189 convicted murderers have had their death sentences commuted, wiht
more than 81% of them receiving a term of imprisonment of
20 years ог
for life. longer and 57% being imprisoned
Since 1980, 75% of death sentences have been commuted to
life imprisonment.
4. Civil leaders and the press have from time to time
revived calls for
for the death penalty and there can be no
doubt that the community
the choice, as a whole, given
would like to see it re-introduced, either as being the
most
appropriate
sentence for
ог murder
as a more
persuasive deterrent.
CONFIDENTIAL