3609
XI
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As regards (d), the Bermuda Attorney-General's opinion is set out in Hamilton telegram 220 to the FCO. What it boils down to is the suggestion that once Her Majesty, advised by her UK Ministers, had declined to grant a reprieve, the Governor would have no power himself to grant a reprieve without further instructions from Her Majesty. The Governor has already used this argument publicly, for example in a letter to Lord Fenner Brockway in which the Deputy Governor wrote:-
"I am to say that The Queen was petitioned on their behalf. She therefore exercised the prerogative of mercy herself. The Governor could not, in the circumstances, subsequently exercise it on her behalf in a different way. not empowered to do so."
He was
I must say that, to a layman, this seems a perfectly reasonable and valid statement. Indeed I had thought, at the PUS's meeting on 12 December, the Legal Adviser agreed with it as stated, while pointing out of course that it was open at any time to the Governor (or the Secretary of State) to advise Her Majesty to reverse her judgement. However the Attorney- General's opinion has since been called in question within the FCO. I still do not understand the legal argument to the contrary, but have felt bound to ask the Governor not to use again for the time being, the form of words he used to Lord Fenner Brockway. This question should be cleared up quickly.
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