TNAG-0401-FCO40-447-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 93

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

CONFIDENTIAL

with the Home Office. The Committee recommended, and the

Secretary of State agreed, that on legal, constitutional and

political grounds, the existing procedure originally set out

in the Secretary of State for the Colonies Circular Despatch

of 12 December 1947 should be reaffirmed. The essential

feature of this procedure is that the Governor of a Dependent

Territory has undivided responsibility for the exercise of

the delegated Royal Prerogative of Mercy, and that when a

condemned man petitions beyond the Governor to Her Majesty

the Secretary of State will always advise Her Majesty not to

intervene, except in the very rare case of an apparent mis-

carriage of justice.

CONFIDENTIAL

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