k
of the power to pardon), who must make a decision in their
own deliberate judgement after consulting but not necessarily
with the approval of the local Prerogative of Mercy
Committee
This Committee usually comprises 3 or 4 Ministers,
the Attorney General and the Goveronr as chairman.
4. In Hong Kong the Governor has, since 1973, managed to
*
+
maintain a policy by which all capital sentences are
commuted. There can be no guarantee that this will continue
when Sir M MacLehose leaves.
Creech-Jones Doctrine
5.
ин
Jable
This was, in
Should the Governor feel/able to reprieve, appeal may
then be made to the Privy Council and/or The Queen. In
1947 the then Colonial Secretary, Mr Creech-Jones, described
in the House of Commons the procedure under which appeals
for mercy to the Crown would be considered.
effect, the formalisation of a long-standing practice whereby
the Secretary of State would only recommend intervention in
the case of a clear miscarriage of justice it being assumed
that the man on the spot was best placed to judge. This
doctrine still forms the basis under which all appeals to ppeals to
bind
in accordanc
with them
Committee's
adorci
whether it ya
? I don't pesona policy of fetition for mureg
SUM.M.
Q
A
Amy
petitions
the Crown are considered.
Jersey & Isle of Man
6. The position here is somewhat different in that the
Royal prerogative has not been delegated to Lieutenant
Governors and the Home Secretary advises The Queen in each
case.
West Indies Associated States
7.
Capital punishment for murder is also embodied in the
laws of the three Associated States ar
((and Rhodesia)
but HMG
gave a formal undertaking in 1971 to the effect that the
Secretary of State would not advise intervention contrary to
the decision of the State authorities.
Southem Rhodesia
also maintanis
Capital punishmet, Out. H.meg. have
of
no meanA
intervention
Constitutional