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RE RESTRICTED

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For information

(9.3.82)

1.

provide :

2.

XCRI(82)6 Copy No

NOTE BY THE ATTORNEY GENERAL

COMMUTATION

Paragraph XXXIV of the Royal Instructions

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Mr Livedey

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"Whenever any offender shall have been condemned by the sentence of any Court in the Colony to suffer death, the Governor shall call upon the Judge who presided at the trial to make to him a written report of the case of such offender, and shall cause such report to be taken into consideration at a meeting of the Executive Council, and he may cause the said Judge to be specially summoned to attend at such meeting and to produce his notes thereat. The Governor shall not pardon or reprieve any such offender unless it shall appear to him expedient so to do, upon receiving the advice of the Executive Council thereon; but in all such cases he is to decide either to extend or to withhold a pardon or reprieve, according to his own deliberate judgement, whether the Members of the Executive Council concur therein or otherwise, entering, nevertheless, on the Minutes of the Executive Council a Minute of his reasons at length, in case he should decide any such question in opposition to the judgment of the majority of the Members thereof.".

On 6th November 1975 the then Chief Secretary, Sir Denys Roberts, spoke in Legislative Council on the subject of the death penalty. A copy of his speech is at Annex -A.

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3

G.S. 84

RESTRICTED

нка

MKG 380/2

1902.

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