As in United Kingdom, there is no statutory definition for murder. This offence is one requiring specific intent, ie an intention to kill any person, or an intention to do an act knowing that it is highly probable that it will kill any person or intention to cause grievous bodily harm to any persom or an intention to do an act knowing that it is highly probable that it will cause grievious bodily harm to any person.
Recklessness is not a sufficient mental
element for murder.
127. What in practice is the position regarding the death penalty? (SR 162 Paragraph 80 )
Death sentence is only pronounced for the offences of treason, murder and piracy with violence. Persons sentenced to death may seek a Royal pardon or commutation of sentence. Usually the death sentence is commuted to a fixed term imprisonment. Since the financial year starting 1 April 1963, no execution has been carried
out.
128. What safeguards exist against deportation and expulsion? (SR 162 Paragraph 65)
Deportation and expulsion can only be effected in Hong Kong under the appropriate provisions of the Immigration Ordinance, which are set out in paragraph 145 below.
Displaced persons from South East Asia seeking refuge in Hong Kong have been accorded humane treatment. For example, the refugees arriving from Vietnam have been granted temporary refuge in spite of overcrowding and other difficulties in Hong Kong. Illegal immigrants are normally returned to their places of origin, but exceptions are made where there is a likelihood of severe punishment of the illigal immigrant after his return. Appeals to the Governor are carefully considered and all humanitarian factors taken into consideration. In the case of a removal order, section 53 of the Immigration Ordinance makes provision for a review of the decision. The objection to removal will be carefully considered by the Governor or Governor in Council as appropriate.
129. More details requested about the use of firearms by the police. (SR 162 Paragraph 79)
The following instructions are issued to all police officers in connection with the use of police firearms:
"Use of Police Firearms
For the purposes of this order "firearms" in its reference to Police weapons means all Force firearms but excludes grenades and chemical
mace.
A police officer shall not draw a revolver from a holster, or present any firearm unless he would be justified in using it in accordance with this order. Provided that a police officer may draw his revolver as a precautionary measure when he has good grounds to
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