their constitutions where the prerogative of mercy
is devolved locally. It would also reequire the
renunciation of the convention known as the
Creech-Jones doctrine (formally enunciated to
Parliament in 1947 in reply to a PQ) under which
Governors are required to exercise the Prerogative
of Mercy delegated to them by the Sovereign on the
grounds that the Governor is best placed to know in
the light of local circumstances whether the
prerogative should be exercised. In Dependent
Territories where someone from off-island has
committed a murder, public opinion usually opposes
clemency.
iii) To persuade local legislatures to introduce
local legislation to amend their Constitutions
abolish the death penalty. This has been tried many
times over recent years, and has always failed.
Local Ministers do not wish to be seen supporting
such a change. Nor do they wish to endorse the
action of a Governor when he does commute.
iv) To adopt the so-called "Hong Kong" solution
under which it has become the convention since 1973
(when the Commons were debating capital
punisment) for the Governor
the Governor to commute death
penalties on the grounds that the Executive
Not quit
By The Gen
ref..
Se
16
but was
Council, not being an elected body, could not advise
the Governor against exercising the Prerogative of
Mercy.
(Exco is asked to advise what
16161973 overridden
(for d.
'reasons)
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