CO129-550-2 Keung Tsz Pan- petition against sentence of death 18-10-1934 - 18-10-1934 — Page 4

which the law exacts from those who adopt that

course of action, is to establish a very

undesirable and dangerous precedent.

It is

only a short step from such an admission to

acceptance of the view that a murderer should

be exempted from the extreme penalty because

under long established tribal custom it is

permissible for, or even incumbent on, the

member of a clan whose kinsman has been murdered

by a member of another clan, to retaliate by

murdering a member of that clan. If the accused

in the present case had suddenly and without

warning come upon his wife or concubine in

circumstances which indicated adultery and had

in the heat of the moment killed her, the

position would have been different; but it is

clear that such was not the course of events

but that the murder was premeditated and

deliberately planned.

We cannot interfere with the decision

in this actual case and we should

? Acknowledge No. 1 in a short despatch. [It is also for consideration whether it

is not desirable that a semi-official letter

should be sent expressing the view that the

grounds on which the Governor has exercised

the prerogative of mercy appear to be slender;

and stressing the danger of creating a precedent

which would give any support to the view that an

act for which the law demands a definite penalty

condoned

is liable to be in any way eendammed on the ground

that

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