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of his preliminary conclusions on a particular case (or 4 weeks
if we had to refer back on some point). This would allow 3 weeks
for ExCo to consider the matter. If ExCo reacted quickly, we
could make an Order within about the 8 week period envisaged.
Failing this we could announce our intention to do so.
Sir M MacLehose wondered whether HMG would really need 5 weeks.
It was important not to rush ExCo. Their initial reaction would
almost certainly be worse than their considered view. He hoped
the problem could be faced squarely and the case not, in effect,
be retried in Britain. Mr Royle agreed, but said that the
Secretary of State must not be precluded from raising some
particular point with the Governor. Mr Stuart observed that the
Secretary of State needed to be able to tell his colleagues that
he personally was satisfied, in a particular case, that the law
must take its course. Sir M MacLehose accepted this. But if HMG
decided to support him, and then changed its mind after an
execution, and changed the law in response to a public outcry,
this would be the worst solution of all. He needed to be sure
that a decision to support him would be maintained for, say, two
years after an execution had taken place.
13. Mr Royle enquired whether ExCo, if faced with the inevitable,
would not prefer to change the law themselves rather than to let
it be changed by Order in Council. Sir M MacLehose said this
could be put to them, but he thought it unlikely.
14.
Mr Royle said that it would not be possible to retain the
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