CO129-485 - Governor Sir Stubbs - 1924 [8-12] — Page 73

E

bing conflend with, thashed out to a

Theni. mg Sei E. Stubly.

Conclusion.

Some

hury

about.

Амона

AF

Most of the Departments send me the

reports on these cases and I read them with interest

and I think some usefulness, since if they do

nothing else they give one some insight into local

legal proceedings and the way they are dealt with.

I need scarcely say that the reports are useless

unless full. We have quite recently, insisted on Porößenving full reports.

The doctrine of non-interference seems to

me to have been carried to its extreme point if

not to excess. For example, I remember a case from

Hong Kong where the Governor gent us all the papers

and asked specifically for advice from the Legal

Officere at the Colonial Office. The case was a

difficult one and he was very troubled and I think

Nevertheless, we were not allowed to

with reason,

Es ist him at all.

If we abolish the necessity for these

reports it means that the Secretary of State will

lose all touch with the policy adopted by Governors, and I am not sure that that would be altogether

desirable, since I can hardly imagine that this

doctrine would be carried so far as to preclude the Secretary of State from interfering if he saw that the whole trend and policy adopted by some Governor was wrong and it may be willfully wrong, owing to peculiar views which he held on the subject. Just a little curious that in these days when the prerogative of mercy in this country is exercised upon responsible advice and in that way is reviewable by Parliament and the Press, that the prerogative

It is

& delegated to the Governors should be incapable of

XI

Comment

59

ragulation even by the Secretary of State in eny circumstances whatever.

I hardly think that the reason given for the differentiation in reporte as to confirmation and as to commutation is the

one.

Conly or brently e/best

The real reason seems to me to be this. That in the former case the law is simply allowed to take its course, whereas in the second case there is en executive interference with the course of justice, which et any rete. in my opinion, is one which is properly reported and can usefully be watched.

12/11

I think that the general policy of non-intervention by the Secretary of State in the exercise of the prerogative of mercy should be maintained on the lines shown in my minute on Nigeria/39946. but I also agree that it is both interesting and useful to have full reports on cases of commutation accompanied where necessary by a copy of the proceedings. In cases where the question of commutation turns on such a matter as the extreme youth of the offender this may hardly be necessary,

but where it turns on such a matter as a

conflict in the evidence a copy of the proceedings is an essential complement to the

report.

Such reports (especially if there is a series covering some considerable period)

may