TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 125

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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(c)

(a)

matter which in the United Kingdom has been subject

to free votes would be difficult to defend.

The use of separate UK Orders-in-Council could not

be applied in all dependent territories. The use of

such orders, even where they could be theoretically

applied, would be objectionable on the same grounds as

the use of a UK act (see (b) above)..

The "Use" of the Prerogative of Mercy. Any general

statement that reprieves would always be granted would

be constitutionally improper, even if only for a temporary

period pending the consideration of substantive

legislation.

Even if a new policy for changing the

law were to be agreed, the public position in the meantime

concerning the exercise of the Prerogative of Mercy would

have to remain on a case-by-case basis even if as a

temporary expedient and although it would be impracticable

to allow further executions to take place. (See statement

attached in Commons Hansard 23 December 1964 Col 517

by former Home Secretary).

/In order

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