TNAG-1923-FCO40-2728-Capital-punishment-in-Hong-Kong-1989 — Page 52

G.F. 324

RESTRICTED ##

For decision

on 10 January 1989

ANNEX TO XCRI(89)7

XCR (89) 13

Copy No.

MEMORANDUM FOR EXECUTIVE COUNCIL

DEATH SENTENCE PASSED ON PANG SHUN YEE

THE PROBLEM

A decision is needed on whether the death sentence passed on prisoner PANG Shun-yee should be commuted.

RECOMMENDATION AND ADVICE SOUGHT

2

The Attorney General recommends that, if the Governor was to see fit to exercise the prerogative of mercy, the death sentence of PANG Shun-yee be commuted to a sentence of life imprisonment.

3

Members will be asked to advise

(a)

whether the sentence of death on PANG Shun-yee should be commuted; and

(b)

if so, what period of imprisonment should be substituted.

BACKGROUND AND ARGUMENT

4

the

On 13 December 1988, after considering memorandum XCR(88) 226 (copy at Annex), the Council advised and Governor ordered, inter alia, that

consideration of PANG Shun-yee's case should be deferred for a month, at which time, the Council should be advised whether a notice had been served on PANG informing him that the Governor would automatically consider commutation one month after the date of the notice.

5

Pang's appeal against conviction was dismissed on 12 February 1988 (the reasons for judgement were delivered on 8 March 1988). According to the revised procedure for commutation of sentence in capital cases as stipulated in XCRI(86)16, Form A was served on Pang on 13 February 1988, informing him that the Governor would automatically consider commutation of the sentence six months after the date his appeal was dismissed by the Court of Appeal. One month before the end of the six months' period, Form B was served 12 July 1988, reminding Pang that the six months' period was about to expire and the Governor would consider commutation thereafter.

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