TNAG-0487-FCO40-552-Review-of-death-sentence-in-Hong-Kong-1974 — Page 223

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XCR(74)61 Copy No....

MEMORANDUM FOR EXECUTIVE COUNCIL

DEATH SENTENCES PASSED ON TSE YUNG-TIM

AND LAM KWOK-WAH

A

On 13th September 1973 TSE Yung-tim and LAM Kwok-wah were convicted of the murder of WONG Fat-nip and were sentenced to death. The report by the Commissioner of the Supreme Court, Mr E. G. Baber, the trial transcript and the summing-up are being circulated to Honourable Members separately. A copy of the judge's report is attached at Annex A.

Alul

E

D

G

F

2

Applications by Tse and Lam for leave to appeal to the Full Court against conviction were dismissed on 28th November 1973. A copy of the judgment of the Full Court is at Annex B and a note by the Attorney General is at Annex C.

3

Petitions for clemency submitted by the prisoners through

the Director of Legal Aid are at Annex D.

4

Also annexed are a report by the Director of Home Affairs (Annex E), a report by a probation officer (Annex F) and a police antecedent statement. (Annex G)

C.S. 84

5

Honourable Members will be asked to advise whether the law should take its course or whether the sentences passed on TSE Yung-tim and LAM Kwok-wah should be commuted. (If His Excellency decides that the sentences should be commuted, Honourable Members will be asked to advise on the sentences of imprisonment which should be substituted for the death sentences.)

15th March 1974 (GR 13/2647/73)

COUNCIL CHAMBER

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55