TNAG-0438-FCO40-503-Visits-of-UK-Members-of-Parliament--to-Hong-Kong-including-v-1974 — Page 78

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sentencing in Hong Kong has been too light;

above are clearly intended to remedy this.

some of the measures outlined

Apart from these measures, the Governor hopes that efforts to

improve the quality of life for everyone, for example in housing, education,

social welfare and recreation, will have a favourable long-term effect.

7.

DEATH PENALTY

The death penalty still exists under Hong Kong law although no

death sentence has been carried out since 1966. The Royal Prerogative

of Mercy is delegated to the Governor.

The

Last year in a case of murder in the course of a gang robbery the death sentence was passed on a convicted man, TSOI Kwok-cheong. His appeal

was dismissed by the Full Court of Hong Kong. The Governor, on the advice

of Executive Council, decided that the law should take its course.

condemned man subsequently petitioned The Queen for exercise of Her

residual prerogative of mercy. The Secretary of State recommended Her

Majesty to grant a conditional pardon. The Queen duly signed the Instrument

of Pardon.

Public opinion generally in Hong Kong was strongly against the

reprieve, but it was seen as an act of clemency by Her Majesty. Most

lawyers and churchmen however welcomed it. There was concern at the over-

ruling of the Governor's decision and its possible adverse consequences for

relations between Hong Kong and HMG. The fact was that Parliamentary

opinion in Britain, in the light of the debates on capital punishment and

on its abolition in Northern Ireland, would not have found an execution in

Hong Kong acceptable at the time.

of TSOI.

The Governor has commuted the death sentence in every case since that

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5.