CONFIDENTIAL
CAPITAL SENTENCES IN DEPENDENT TERRITORIES
Draft Speaking Notes for the Secretary of State
THE PRESENT HONG KONG CASE. The Governor of Hong Kong has
correctly followed the established procedure in considering
the petition to him for the exercise of the Prerogative of
Mercy. On the Governor's rejection of the petition the papers
in the case were referred to Legal Advisers who confirmed that
no miscarriage of justice had occurred.
Therefore, no grounds
have been disclosed which would justify the tendering of advice
to Her Majesty to intervene. Therefore, in respect of this
particular case there is no justification for departure from
the established practice in dealing with petitions to Her Majesty
for the exercise of the Prerogative of Mercy.
This being so, any reprieve granted in the present case must
be so presented as to preserve the position of the Governor in
Hong Kong.
FACTORS TO BE CONSIDERED. Any decisions designed to bring
practice in the dependent territories into line with practice
CONFIDENTIAL
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