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10.1.89)
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NOTE FOR EXECUTIVE COUNCIL
NOTE BY THE ATTORNEY GENERAL
COMMUTATION OF DEATH SENTENCES
INTRODUCTION
This note provides background information on the commutation of death sentences in Hong Kong.
BACKGROUND
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A person convicted of murder in Hong Kong must be condemned to death by sentence of the High Court. A person so condemned has right to
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have his case reviewed by the Executive Council. Paragraph XXXIV of the Royal Instructions provides that -
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"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 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 meeting of the Executive Council
The Governor shall not pardon or reprieve any such offender unless it shall appear to him expedient to do so, upon receiving the advice of the Executive Council thereon; but in all such cases he is to decide either to extend ΟΙ to withhold a pardon or reprieve, according to his Own deliberate judgement whether the members of the Executive Council concur therein or otherwise
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In the event that the Governor should decline to exercise his right of pardon or reprieve, then the prisoner has the right to petition HM the Queen for clemency. The Queen, in reaching her decision, acts upon the advice of the appropriate United Kingdom Minister, namely the Secretary of State for Foreign and Commonwealth Affairs.
G.F. 324
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