TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 186

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Mr Wilford

Sir D Watson

PS Mr Royle

Private Secretary

CONFIDENTIAL

DEATH SENTENCE: HONG KONG

1. TSOI Kwok-cheong was convicted of murder in Hong Kong on

ان

(3)

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2 November 1972. His appeal against conviction was dismissed by

the Full Court of Hong Kong on 21 December 1972. He petitioned

the Governor for clemency but, after receiving the advice of his

Executive Council, the Governor, on 10 April 1973, ordered that

the law should take its course.

2.

TSOI Kwok-cheong has now petitioned The Queen for the exercise

of her residual Prerogative of Mercy. His petition and the

Governor's comments thereon are attached. The department's legal

adviser has considered the petition and all the records of the

case. Briefly, the case was one of murder in the course of a gang

robbery. The petitioner stabbed to death a young off-duty auxiliary

policeman when the latter went to the assistance of his mother who

was being robbed by the petitioner.

He was 28 years old, and was

not suffering from any degree of diminished responsibility. It

was not a premeditated or planned murder, but murder resulting

from the reckless use of a lethal weapon in furtherance of robbery.

The trial began on 23 October 1972 and ended on 2 November 1972.

The jury found the petitioner and the other 2 accused guilty of

robbery. The second accused, who is not concerned in this petition,

was convicted of manslaughter. The petitioner, who struck the

fatal blow, was convicted of murder.

3. The department's legal adviser considers that the Prosecution

1

CONFIDENTIAL

/and

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