TNAG-1213-FCO40-1516-Crimes-and-sentences-in-Hong-Kong--including-death-sentences-1982 — Page 95

For discussion

RESTRICTED(82)234

Copy No

on 30 September 1982

MEMORANDUM FOR EXECUTIVE COUNCIL

DEATH SENTENCE PASSED ON

(15)

PA

.30

ник 38013

Introduction

A

al old

This memorandum seeks a decision on the question of commutation of the death sentence passed on

Background

2

On 11 September 1981,

° F 23/9

was convicted of the

murder of Madam LUNG Sau-kwan and was sentenced to death. A copy of the trial Judge's report on the case is at Annex A.

3

CHAN's appeal against conviction was dismissed by

the Court of Appeal on 7 April 1982.

4

The Prisoner has confirmed that he does not intend to appeal to the Privy Council or to petition for clemency in spite of repeated personal interviews, guidance and counselling given by Correctional Services Department personnel advising him to do so.

5

The question of commutation has therefore to be considered under Clause XXXIV of the Royal Instructions which provides that

" whenever any offender shall have been

condemned by the sentence of any Court in

the Colony to suffer death, the Governor shall call upon the Judge who presided at the the trial to make to him a written report of the case of such offender, and shall cause such report to be taken into consideration at a meet- ing of the Executive Council

This case is therefore put before Members accordingly.

6

(a)

(b)

(c)

Also annexed for Members' reference are -

a note by the Attorney General (Annex B);

a report by the City and New Territories Administration (Annex C) and

a report by the probation officer (Annex D).

Advice sought

7

(a)

(b)

Members will be asked to advise -

whether the sentence of death should be commuted;

if so, what period of imprisonment should be substituted.

14 September 1982

G.S. COU 15/2647/81) RESTRICTEDOU

COUNCIL CHAMBER