rowsee

292

B.

RUSHFORD

Mr Rushford

BERMUDA:

1.

RE

нка 38621

- 9 DEC 1977

DESK G. INDEX

No

2.51

SESTRY

HKGO (286)

Registry (RWIAD)

for entry

ction Telen

ве

EXERCISE OF THE PREROGATIVE OF MERCY

We spoke about the Guardian editorial of to-day's date and the Creech Jones doctrine (copies of both attached).

2.

I understand that the Secretary of State is rather exercised about the editorial which he believes does not properly reflect the legal position under the Creech Jones doctrine. I must say that I tend to agree with the Secretary of State. What the editorial quotes is simply one sentence from the statement made by Mr Creech Jones; and does not quote the remainder of the statement which indicates clearly that it is only/exceptional cases involving what, in the view of the Secretary of State, is a miscarriage of justice, that the Secretary of State could properly intervene under the Creech Jones doctrine.

3.

Mr Whyte (News Department) has suggested to me that we might prevail upon a fairly recently retired FCO Legal Adviser or Commonwealth Office Legal Adviser to write a correcting letter to the Guardian; and I have indicated to him that I would be prepared to ask Sir William Dale if he would do this. I would accordingly be grateful if you could prepare a draft letter which might be appropriate for Sir William Dale to send to the Guardian. If all goes well, I might be able to get Sir William Dale to call in at the office tomorrow afternoon to discuss the matter.

You Suce's

Ian Sinclair Legal Adviser

6 December 1977

P.S. I have now spotion to Sir Wilion Dale and explained the position to him. He would

pampered to

with wate

c.c.

consider Sumbing

letty to

Suadrin

in to su

or 2.30p.m. to

6/xi

Mr Whyte (News Department)

Draft herowith

A.R.R

7.12

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