5.
We have in fact a nice balance to strike. We cannot even hint at the understanding because of the adverse effects of publicity at your end (on which we take the point in paragraph 11 of your telegram No 365), and also of the constitutional proprieties referred to in paragraph 6 of my submission. But Ministers may wish to find means of conveying reassurance to questioners, without being able to tell them why there is no longer the same reason for concern.
In general, the safest middle course might be to reiterate that there has been no execution in the Colony since 1966, to stick to the proposition that the prerogative is delegated to the Governor who exercises it in each case as it arises, and to refuse to be drawn on hypothetical possibilities. We have in mind the point in your telegram No 366 that it could be embarrassing to you and Ex Co to lay too great stress on the above proposition. But it is the fact you will deal with each case as it arises, and we could hardly say less than this if pressed on the exact provisions of the constitution or in dealing with any suggestion for "automatic commutation".
6.
I doubt however if it would be wise to try to establish now exactly what formulation might be used. Much will depend on the terms of the question, the likely aims of the questioner and the political atmosphere here at the time. But I thought it would be useful to let you have these thoughts so that when the next occasion arises on which we have to consult you will know what is in our minds.
Jos wer
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(Duncan Watson)
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