CO129-550-6 Rex v. Ng Loi Yuen- request review of trial and exercise of prerogative of mercy... 22-11-1934 - 21-12-1934 — Page 16

[19093/15 Erld Coast]

Copy of Minute by Sir George Fiddes, 21st May, 1915.

16

As I have said 20 times, I don't agree.

I don't recollect that my view has ever been upset :

viz. that the prerogative must be exercised solely

on the Gov's responsibility and that there would be

risk, amounting to certainty, of miscarriage of justice

if the S. of S. attempted to interfere. This has been

accepted when there was an attempt to get the S. of S.

to force the Gov. to reprieve a convicted murderer,

and à multo fortiori it should prevail when the Gov's

action is to commute the death penalty.

To write back and ask for Gov's reasons would

be an extremely bad precedent and would suggest the

'thin end of the wedge'.

It is quite true that Col. Reg. 13 prescribes

such a report; but it has been deservedly honoured

in the breach, and the antiquated provision might usefully

be deleted at the next revision of the Regns.

(Initld.) G.F.

21.5.15.

"N.B.

Si G. Fiddes was on Art. 11.5. of S. where this mininth was writtern. He became

Permanent U.S.gs.

in 1916)