1987-11-17 17:12 SUPREME COURT
852 5 865 0640
P.02
о
MEMO
From......
Registrar, Supreme Court
To Commissioner, London Office
(Attn.: Mr. S. Chan)
Ref. (38) In
SC 101/16/5
Tel. No.
5-8214600
Your Ref..
...............In....
Date
17th November 1987
dated
-
G.F. 73 A
Capital Punishment and Corporal Punishment in Hong Kong
I
was surprised to
the current
receive your enquiry about position of capital punishment in Hong Kong because; SO far as the Judiciary is concerned, this has not changed in recent years. People convicted of murder are condemned to death.
2.
of
Thereafter the Governor acting upon the advice the Executive Council always commutes the sentence of death to one of life imprisonment or imprisonment for a term of years. I understood that this represents policy of Her Majesty's Government.
3.
very
So far as corporal
the
punishment
is
concerned,
to
Judges
for
to and Magistrates a number of
order but in
offences
it is still
open corporal punishment particular in respect of section 33 Public Order Ordinance. With
few
and Judges find exceptions Magistrates
and decline to order corporal punishment abhorrent
it. However abhorrent though it may be, some Magistrates do impose corporal punishment for offences under section 33 Public Order Ordinance
Ordinance solely as a means of avoiding imposing the otherwise mandatory prison sentences.
4.
Frequently,
one
finds defendants asking
to
be
caned when they are convicted of this offence rather than go to prison.
fler,
(C.J. Perrior) for Registrar
TOTAL P.02