TNAG-0028-FCO40-64-Relations-with-China-1968 — Page 190

in Sammiara

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X Article XV of the Hong Kong retter Patent in in the usant forum in which the Crown's right of granting free

a conditinal

pandoras is delegated

t colonial groensors. We are here concerned only with the forecas's hown to post to a convicted offends a pandan subject to lawful condition, since the effect of a free pandon is to caused the conviction and the sentence, so that the percar to thorn it was been grashed is but a "convicted" person- whom

books

2. The answer to your query depends upon the terms inter-

intjust in lawful andinder pretation to be put upon the wards the he context of Patice XV. by uxarchers have failed to discore any expression of judinal picion on the point. The only relevant comment I have been able to find in notur of reference to relation to the topic of that they are in the nation of a Are schnally areplayed to substitute a teen of impinsment for a disttuce of death.

"anditinal pander" in

a commentation

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istena

and

3. It the older law boken, however, there are to be frund cutain expresiivses of spiccion, sme umanating from law oflicens of the Canone who held flou about the winddle of the width Centing, which that some light

instancy: -

A

the matter. Here are

R

fao

(a) In Chilty's Pergatives of the Crown (1820) the following honda scan at th 96-97: -

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див

bey the common laws, the thing may awsex to his bautes a condition witten precedent in secrequent, on the She вослоб performsan fohere of the salivity of the pardon wind defend Therofar, if a misomer is pardoned on the condition that he find scccinity for bis good behatine and he acendingly anter into a recognizance, the law tacitly amuses a condition t such pandon, third, if the seroppizance is forfeited, the orified Justment remains in force and may be pestended upon

As (the king) way pardon a cinsind on certain conditions, there is no objection to the condition besing the offender's submunion to a less serne punish isent. The peenich. beant lobith the law has inflicted is certainly altered by

punishing this prerogative; but the power of pardoning in left by the bringent Constitution bay qonally with the "key". (b) I waxede hom by Slips (1849), the (recian's combustion anthontend

hain to grant to aver offender

A

to aux offender a free and unconditioned pardon, or a pardon subject to sad conditions as by any law in force in the waist colony may be therccents anreted: The Law Offices

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