GPS 180
IMMEDIATE
CYPHER CAT A
FM FCO 1620102
RESTRICTED
RESTRICTED
TO IMMEDIATE HAMILTON TELEGRAM NO PERSONAL 48 OF 16 DECEMBER.
YOUR TELEGRAM NO PERSONAL 54: DEATH SENTENCES.
FROM DUFF.
365
372
I HAVE DISCUSSED THIS ASPECT WITH THE DEPARTMENT AND THE LEGAL
ADVISER, THERE STILL SEEMS TO BE SOME DIFFERENCE OF LEGAL OPINION
ON THE EXACT INTERPRETATION OF THE POSITION DESCRIBED IN THE LAST
SENTENCE OF YOUR TELEGRAM NO 220: BUT ANXIETY ON THIS SCORE HAS BEEN
TO A CERTAIN EXTENT RELIEVED SINCE I HAVE BEEN ABLE TO EXPLAIN THAT YOU ARE NOT IN ANY DOUBT ABOUT YOUR ABILITY, IN SUCH CIRCUMSTANCES, TO ORDER A STAY (STAY) OF EXECUTION IF THAT APPEARED TO BE NECESSARY.
2. I WILL SEE THAT WHATEVER DIFFERENCES OF VIEW EXIST ON THE
LEGAL AND CONSTITUTIONAL INTERPRETATIONS OF THIS QUESTION ARE THOROUGHLY GONE INTO. MEANWHILE IF, CONTRARY TO EXPECTATION, SOME QUESTION DOES COME UP ON THIS POINT OF DOCTRINE WE WILL DEVISE A FORMULA FOR REPLY WHICH DOES NOT (NOT) WEAKEN YOUR OWN POSITION. IT MIGHT NEVERTHELESS BE ADVISABLE FOR THE TIME BEING TO AVOID USING AGAIN IN CORRESPONDENCE THE FORMULA IN YOUR LETTER TO FEMNER
BROCKWAY.
OWEN
FILES
HK & GD (5) WIAD
PS
PS/PUS
SIR A DUFF
MR HALL
MR STRATTON
COPI COPIES TO:
SIR J SINCLAIR MR RUSHFORD
RESTRICTED
}
LEGAL ADVISERS
нка 38671
RECEIVED 85) Dri
2 0DEC 1977
DESK. OFFICER
INDEX
No
30.51
MEN'S (Action Ta's
все