TNAG-0402-FCO40-448-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 94

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

Grant of pardon.

EXTRACT FROM LETTERS PATENT

XV. "When any crime or offence has been committed within the Colony, or for which the offender may be tried therein, the Governor may, as he shall see occasion, in Our name and on Our behalf, grant a pardon to any accomplice in such crime or offence who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders, if more than one; and further, may grant to any offender convicted of any crime or offence by any Court of law in the Colony (other than a Court martial established under any Act of Parliament) either free or subject to such conditions as the Governor may think fit to impose, a pardon or any remission of the sentence passed on such offender, or any respite of the execution of such sentence for such period as the Governor thinks fit, and may remit any fines, penalties, or forfeitures due or accrued to Us. Provided always that the Governor shall in no case, except where the offence has been of a political nature unaccompanied by any other grave crime, make it a condition of any pardon or remission of sentence that the offender shall be banished from or shall absent him- self or be removed from the Colony."

It

of pardon

cases.

EXTRACT FROM ROYAL INSTRUCTIONS

Regulation XXXIV. Whenever any offender shall have been condemned by of power

the sentence of any Court in the Colony to suffer death, the Governor shall call upon the Judge who presided at the trial in capital to make to him a written report of the case of such offender, and shall cause such report to be taken into consideration at a meeting of the Executive Council, and he may cause the said Judge to be specially summoned to attend at such meeting and to produce his notes thereat. The Governor shall not pardon or reprieve any such offender unless it shall appear to him expedient so to do, upon receiving the advice of the Executive Council thereon; but in all such cases he is to decide either to extend or to withhold a pardon or reprieve, according to his own deliberate judgment, whether the Members of the Executive Council concur therein or otherwise, entering, nevertheless, on the Minutes of the Executive Council a Minute of his reasons at length, in case he should decide any such question in opposition to the judgment of the majority of the Members thereof."

(17260) Dd.897459 400mm 12/72 G.W.B.Ltd. Gp.863

(16940) Dd.897300 400m 9/72 G.W.B.Ltd. Gp.863

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