CO129-550-2 Keung Tsz Pan- petition against sentence of death 18-10-1934 - 18-10-1934 — Page 2

[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