[1] Goo: Conf.
C. I'd
"Death Sentences
commutation of."
Nominal
Forwards Report
M
2
18-10-34.
case of Kenny Toz Pan.
There appear to be two grounds for
reporting this case to the Secretary of State.
Firstly because the Governor in commuting the
death sentence has acted in opposition to the
advice of the majority of his Executive Council
and therefore is bound by Article XII of the
Royal Instructions of 14. 2. 17 to report the
case fully: and secondly because he has exercised
the prerogative of mercy and therefore is required
to report the case in accordance with the
instructions contained in Hong Kong despatch No. 390 of 6/12/24 on 49320/24.
Article XXXIV of the Royal Instructions
invests the Governor with absolute discretion as
to whether he shall exercise or withhold pardon
or reprieve, and he is required to act according
to his own deliberate judgment irrespective of
the concurrence or otherwise of the Executive
Council. In the present case he has exercised
his power of pardon against the advice of the
majority of the Executive Council, and notwithstand-
ing that the Chief Justice by whom the case was heard
wa, was unable to make any recommendation on
behalf of the condemned man. Of the Executive
Council 4 members were in favour of clemency and
five against, and a signed petition in favour of
a reprieve was presented.
The position of the Secretary of State
in