TNAG-1923-FCO40-2728-Capital-punishment-in-Hong-Kong-1989 — Page 75

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

10010

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內部文件

For decision

on 13 December 1988

ANNEX TO XCR (89)13

XCR (88) 226 Copy No..

MEMORANDUM FOR EXECUTIVE COUNCIL

DEATH SENTENCES PASSED ON CHIU WAI MAN, TAM SZE FOON AND

PANG SHUN YEE

THE PROBLEM

A decision is needed on whether the death sentences passed on prisoners CHIU Wai-man, TAM Sze-foon and 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 sentences of CHIU Wai-man, TAM Sze-foon and PANG Shun-yee should be commuted to sentences of life imprisonment. A copy of the note prepared by the Attorney General on Chiu and Tam is at Annex A while the note on Pang is at Annex B.

Members will be asked to advise

3

(a)

whether the sentences of death on CHIU Wai-man, TAM Sze-foon and PANG Shun-yee

(b)

should be commuted; and

if so, what period of imprisonment should be substituted.

C

D-E

F

BACKGROUND

4

On 20 January 1987, CHIU Wai-man, TAM Sze-foon and PANG Shun-yee were convicted of the murder of Nicola Sharon Myers and Kenneth McBride and were

were sentenced to death. Α copy of the trial judge's report on the case is at Annex C.

5

On 8 March 1988, the Court of Appeal dismissed the prisoners' appeal against conviction. The applications for legal aid to appeal to the Privy Council by Chiu, Tam and Pang were rejected on 20 June 1988, 24 May 1988 and 4 May 1988 respectively.

6

The petitions for clemency of Chiu and Tam, made through the Director of Legal Aid, are at Annexes D and E. As Pang has not petitioned the Governor for clemency, his case has

has been brought forward pursuant to the automatic commutation procedure in accordance with memorandum XCRI (86) 16 (Copy at Annex F).

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XCR (88) 226

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