TNAG-1923-FCO40-2728-Capital-punishment-in-Hong-Kong-1989 — Page 44

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We have just had to deal with a particularly unpleasant case involving a murderer called Pang Shun- yee. He, together with two others, was convicted in January 1987 of the murder, with great brutality, of two teenage schoolchildren, Nichola Myers and Kenneth McBride. Pang was the ring leader. When we first considered the case of all three convicted criminals on 13 December, ExCo advised, in the case of the two others, that if the sentences were commuted, life sentences should be substituted.

I accepted that advice. Because members of ExCo felt that Pang's role was particularly vile, and this was compounded by the fact that he had neither shown any sign of remorse nor petitioned for clemency, I postponed consideration of his case until 10 January in order to make the difference between the cases.

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When the issue came before ExCo on 10 January, Lydia Dunn, speaking as Senior Member for all the non- Government members, said that they wished to abstain from giving advice. Because of the heinous nature of the crime they did not feel able, in conscience, to advise any substitute sentence. Equally, having had the constitutional and historical background explained to them, they did not wish to put me in the difficult position of rejecting ExCo's advice (although I have of course both a general right to do so and specific provision in the case of death sentences under Royal Instructions XXXIV). I then asked the Government members for their advice. They too preferred to abstain, with the exception of one member who said that he was opposed in principle to the exercise of the death penalty and therefore advised substitution of a sentence of life imprisonment. I told the Council that I would reflect on the case, taking account both of the feelings that had been expressed and the constitutional and historical background to the question of commutation in Hong Kong. I would tell them of my decision.

6.

Following that meeting I have sought Ministers views on whether the position of HMG remains as it has been since 1973. They have confirmed that it does (FCO telno 194). Having carefully considered all the factors involved I have decided that the sentence should be commuted to life imprisonment and have so ordered. I have so informed ExCo.