TNAG-0487-FCO40-552-Review-of-death-sentence-in-Hong-Kong-1974 — Page 219

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

5.

The Governors of these territories all confirmed as

recently as April 1973 that there had been no change in the

attitudes of the Legislatures concerned.

II Procedure for the Exercise of the Prerogative of hercy

6. In 1969 partly as an extension of the request to Governments of Dependent Territories to consider the abolition

of capital punishment, and partly as a result of difficulties

over a particular petition for mercy from the Bahamas, the then

Secretary of State directed that the entire policy and procedure

for the exercise of the Prerogative of "ercy should be reviewed

in depth.

7.

A Committee of senior FCO officials deliberated for over

a year, and reviewed all aspects of policy and procedure both in

the Dependent Territories and in the United Kingdom in consultation with the Home Office. The Committee recommended, and the then

Secretary of State agreed, that on legal, constitutional and

political grounds, the existing procedure originally formulated

in 1947 by Mr Arthur Creech-Jones, the then Secretary of State

for the Colonies, 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 miscarriage of justice.

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