TNAG-1705-FCO40-2377-Counterfeiting-and-forgery-provisions-in-Hong-Kong-1987 — Page 29

1987-11-17 17:12 SUPREME COURT

852 5 865 0640

P.02

о

MEMO

From......

Registrar, Supreme Court

To Commissioner, London Office

(Attn.: Mr. S. Chan)

Ref. (38) In

SC 101/16/5

Tel. No.

5-8214600

Your Ref..

...............In....

Date

17th November 1987

dated

-

G.F. 73 A

Capital Punishment and Corporal Punishment in Hong Kong

I

was surprised to

the current

receive your enquiry about position of capital punishment in Hong Kong because; SO far as the Judiciary is concerned, this has not changed in recent years. People convicted of murder are condemned to death.

2.

of

Thereafter the Governor acting upon the advice the Executive Council always commutes the sentence of death to one of life imprisonment or imprisonment for a term of years. I understood that this represents policy of Her Majesty's Government.

3.

very

So far as corporal

the

punishment

is

concerned,

to

Judges

for

to and Magistrates a number of

order but in

offences

it is still

open corporal punishment particular in respect of section 33 Public Order Ordinance. With

few

and Judges find exceptions Magistrates

and decline to order corporal punishment abhorrent

it. However abhorrent though it may be, some Magistrates do impose corporal punishment for offences under section 33 Public Order Ordinance

Ordinance solely as a means of avoiding imposing the otherwise mandatory prison sentences.

4.

Frequently,

one

finds defendants asking

to

be

caned when they are convicted of this offence rather than go to prison.

fler,

(C.J. Perrior) for Registrar

TOTAL P.02