TNAG-0403-FCO40-449-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 85

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C.S. 84

For discussion

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on 2nd October 1973

XCR (73)209 Copy No...l

MEMORANDUM FOR EXECUTIVE COUNCIL

0...62 A

DEATH SENTENCE PASSED ON MOHABBAT HUSSAIN

(192

A

B

C & D

Ün 9th April 1973 Mohabbat HUSSAIN was convicted of the murder of Mohamed Afzal and sentenced to death. The report by the Honourable Mr Justice P. F.X. Leonard, the trial transcript, and the judge's summing up have already been circulated. Honourable Members may wish to study again the trial judge's report at Annex A.

2

An appeal by Hussain against conviction was dismissed by the Full Court on 6th June 1973. A copy of the judgment of the Full Court is at Annex B.

3

Fetitions for clemency submitted by Hussain's solicitor

and a relative are at Annexes C and D.

4

F

Also annexed are a report by a Frobation Officer (Annex E) and a Police antecedent statement (Annex F). Since neither the prisoner nor the victim has any relative in Hong Kong, the District Commissioner, New Territories cannot give any comments in this case.

5

Honourable Members will be asked to advise whether the law should take its course or whether the sentence passed on Mohabbat Hussain should be commuted. (If His Excellency decides that the sentence should be commuted, Honourable Members will be asked to advise on the sentence of imprisonment which should be substituted for the death sentence),

17th September 1973 (GR 7/2647/73)

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COUNCIL CHAMBER