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effect would be to delegate The Queen's prerogative beyond the Governor, who is Her personal representative, to local ministers. This would not be appropriate until the territory achieves independence (or shortly before that).
10. The only other Dependent Territory which retains capital punishment is Hong Kong. In one case there in 1973, notwithstanding the "Creech Jones Doctrine",
the then Secretary of State advised The Queen to exercise Her residual prerogative to reprieve
a condemned murderer in whose favour the Governor
had not felt able to exercise his delegated prerogative. Subsequently, in June 1974 Lord Goronwy Roberts told
the Governor of Hong Kong that he did not think that it would be possible for Ministers of either party in the UK to allow another execution in Hong Kong.
However the Atuation in Hong Kong does not establish a precedent for other territories, in that Hong Kong has no elected legislature) The decision was taken in the light of very special political circumstances in the United Kingdom_at-that time, when the case coincided with Parliamentary discussion on capital punishment itself and its application to Northern
Ireland.
11. In the West Indies Associated States, where
capital punishment is also retained, the Constitution
provides that exercise of the Prerogative of Mercy is delegated to the Governors, and it follows that there is no power to intervene. At this time two appeals against death sentences are pending in St Vincent
and another in Dominica. A condemned murderer was
hanged in Antigua recently.
Recommendation
12.
I recommend that in the case of the 6 Dependent
Territories where capital punishment is retained and which have elected legislatures the Secretary of State should continue to be guided by the "Creech
Jones Doctrine"
min affuently regasentative
2
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