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be ineffective.
3. In the Cayman Islands, the Turks and Caicos
Islands and Hong Kong, the Governor could be
instructed by Her Majesty's Government to force a bill
through the local legislature under his reserved
legislative power (or by use of an official majority in
the legislative council), but not in Belize, Bermuda,
the British Virgin Islands or Montserrat. HM Commissioner
could secure the passage of legislation in Anguilla also.
Although Parliament and, in some cases, Her Majesty
4.
in Council have general powers of legislation in
relation to the DOT's, they are not in fact used to impose
laws on a domestic matter of this kind upon any DOT
against the wishes of the local government, especially
the elected government of a territory with a substantial
degree of local autonomy.
Exercise of the Prerogative of Mercy: Present Position
5. Under the constitution of every DOT, power to
exercise the Royal prerogative of mercy is delegated to
the Governor. In deciding whether or not to commute a
death sentence in capital cases he is required to act
in his own deliberate judgement, after consulting either
his Executive Council or (in more advanced territories)
an Advisory Committee on the Prerogative of Mercy, and
taking into account a report from the trial judge.
In deciding whether or not to exercise the prerogative of
mercy, the Governor is not subject to instructions from
HMG as to how he should act.
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