CO129-550-2 Keung Tsz Pan- petition against sentence of death 18-10-1934 - 18-10-1934 — Page 3

M

(2 on

61063/29 Genl.)

in cases of this kind is set out in Bulletin

Notice No. 87 of May, 1929, and it would appear

that the Secretary of State should only intervene

in an individual case where there seems to have

been a miscarriage of justice. In the present

case the prerogative of mercy

exercised on three grounds:-

Mine

appears

to have been

(1) That four out of re members of

Executive Council and a considerable

section of public were in favour of

commutation of the death sentence.

(2) That the accused in committing the

murder was acting under provocation

and labouring under mental distress.

(3) That under Chinese law and custom a

man is justified in killing his wife

or concubine and her adulterer on finding

them together in circumstances which

clearly indicate adultery at the place

where they are discovered.

Neither of the first two grounds can

be regarded in itself as sufficient to justify

exercise of the prerogative of mercy. The

decision as to whether the Governor's action

was justifiable must therefore rest on the third

ground. It would seem that to admit that because

under Chinese law or custom a certain course of

action is permitted, an accused person who has

adopted that course of action, which is repugnant

to our conception of law and ethics,should be

exempted from suffering the penalty of death

which