TNAG-1213-FCO40-1516-Crimes-and-sentences-in-Hong-Kong--including-death-sentences-1982 — Page 80

For information (30.9.82)

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XCRI(82)40 Copy No

NOTE FOR EXECUTIVE COUNCIL

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HITK 380 3 380/3

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DEATH SENTENCE PASSED ON

PETITION FOR CLEMENCY

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AFG/10

At the Executive Council meeting on 7 September 1982, the Attorney General was asked to ascertain why it had taken so long for the above Petition for Clemency to come before the Governor in Council.

2

There was a delay on seven and a half months between the date of conviction and sentence on 19 September 1979 and the hearing of

appeal on 5 May 1980. The average time taken to prepare the transcript of a trial for the Court of Appeal and obtain a date for hearing is three months. However, in this case

solicitors specifically requested 5 May 1980 as the date for the hearing of the appeal in order to fit in with the dates his counsel was available. They added in their request to the Clerk of the Court that Poon did not mind the additional delay.

3

There was a further delay of over two years in this petition reaching the Executive Council, again occasioned by the petitioner himself. Between 2 June 1980 to 6 July 1982 he delayed submitting his petition because he was involved in seeking advice and assistance on an appeal against conviction to the Privy Council. During this period 14 statements from the petitioner were received by Councils and Administration Branch to the effect that discussions on the appeal were being held with his lawyer and that he wished to withhold his petition at that stage. His Petition for Clemency was finally received on 6 July 1982.

4

A short delay then occurred before the petition was submitted to the Executive Council as a certificate had to be obtained from an interpreter stating that the petition had been read, understood and agreed to by the petitioner.

5

The delay which occurfed in this case is unlikely to be repeated due to a new procedure instituted in May 1982. This procedure gives effect to recommen ations of the Working Party on Petitions in capital cases with one amendment so as to accord with Gazette Notice 980 of 1969. The commutation process will now normally commence within a month of the dismissal of a condemned prisoner's appeal to the Court of Appeal, and will only be stayed if and when leave to appeal to the Privy Council is granted.

23 September 1982 (COU 8/2471/46 III)

G.S. 84

COUNCIL CHAMBER

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