CONFIDENTIAL
3
XCCI (78)16
6.
Quite properly, the statement left the Governor's ultimate discretion unfettered but effecitvely limited it to cases involving "exceptional circumstances". It would appear
that the differences of view within Council stem from
individual views as to the scope of "exceptional
circumstances". Some Members consider that circumstances are
exceptional if the case is one in which they would advise
commutation in any event. It can reasonably be said that
there is not much support for this approach when regard is had
to the background against which the Chief Secretary made that
particular part of his statement. Annex A shows that he spoke
generally of violence and crime and of "violent crime".
7.
Annex B contains a summary of the cases considered
by the Governor since the Chief Secretary's statement. It is
part of a record which I keep as a matter of course. The
summary of the type of case is very limited and my notes on
individual cases are attached to this note.
8.
Annex B shows that a life sentence has been
substituted in 20 out of 28 cases considered since the Chief
Secretary made his statement. Of the 8 cases in which a fixed
sentence was imposed, 4 concerned private quarrels (though not
necessarily domestic), in which the circumstances could be
regarded as "exceptional". However, a life sentence was
substituted in 2 other cases concerning private quarrels.
9.
Another of the 8 cases involved the killing by a
wife of her husband. The circumstances were exceptional.
10.
2 of the remaining 3 cases were out of line with the
Chief Secretary's statement. One was a triad killing (YEUNG
Tai-sum), and the other (LAM Kwok-ki) involved drug-stall
"fighters" and a customer. The remaining case (WONG Sui-lun
and WONG Tak-sang) had some "exceptional" features.
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