TNAG-1705-FCO40-2377-Counterfeiting-and-forgery-provisions-in-Hong-Kong-1987 — Page 30

A

CONFIDENTIAL

or Information (17.11.87)

Introduction

Council

teed 380/2

RECEIVED IN REMISTRY

3 DEC 1927

XCCI (87) 59 Copy No

NOTE FOR EXECUTIVE COUNCIL

EGISTRY

NOTE BY THE ATTORNEY GENERAL

COMMUTATION OF DEATH SENTENCES AND

SUBSEQUENT REMISSION

1) Mer Mo 23 2) p.

(37

Crimer &

Sentences

380/2

At its meeting on 4 August 1987 the Executive advised and the Acting Governor ordered that a review of the policy and practice in respect of commutations

death of

sentences and subsequent

should be remissions undertaken and that this review should include the effect of remission arrangements on commutation policy.

Background and Argument

PTA 1/12

2

Members have expressed concern on two counts

-

B

3

(a)

(b)

whether the policy stated by the Chief Secretary in the Legislative Council on 6 November 1975 (Annex A) is being applied with consistency, and

how best to approach recommendations for remission of sentence made by the Board of Review Long Term Prison Sentences.

The first issue is not new.

In this respect Members' attention is drawn to a Note submitted to

to this Council by the Attorney General in 1978 and in particular to paragraphs 2, 5 and 6 (Annex B). Differences of view on the appropriate sentence to be substituted following commutation of the death sentence will inevitably arise in particular

cases.

4

These differences stem from differing perceptions as to what constitutes "exceptional circumstances". It is not possible to define precisely what those words emcompass. Members may, however, find it helpful to think in terms of strong mitigating circumstances or overriding humanitarian considerations.

CONFIDENTIAL

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