TNAG-0554-FCO40-649-Review-of-death-sentence-in-Hong-Kong-1975 — Page 148

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

C.S. 94

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on 11th March 1975

XCR(75)49 Copy No

MEMORANDUM FOR EXECUTIVE COUNCIL

DEATH SENTENCE PASSED ON KWAN YIP-CHUEN

RECEIVED IN

REGISTRY No. 51

11 MAR 1975

On 9th January 1973, KWAN Yip-chuen was convicted. murder of CHENG Ching and was sentenced to death. The trial judge's report to the Governor, 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.

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An appeal by Kwan against conviction was considered by the Full Court on 22nd March 1974 and was dismissed and his subsequent application for leave to appeal to the Privy Council was dismissed on 23rd October 1974. A copy of the judgment of the Full Court is at Annex B.

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A petition for clemency from Kwan's solicitors is submitted at Annex C.

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D, E

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

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Honourable Members will be asked to advise whether the law should take its course or whether the sentence passed on KWAN Yip- chuen 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).

20th February 1975 (COU 1/2647/73)

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