TNAG-0554-FCO40-649-Review-of-death-sentence-in-Hong-Kong-1975 — Page 206

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government.

The Governor retains reserve powers only for external affairs, defence, internal

ecurity and the public service.

5. In March 1974, the Governor of Belize

accepted the unanimous advice of his Advisory

Committe and decided not to exercise his

delegated prerogative in a capital case involving the murder of a police constable by a notorious

local criminal, who was hanged. A Belizian "black power" newspaper has challenged the Governor not to show racial discrimination by reprieving the white American now convicted of

murder.

Argument

6. A note on the Secretary of State's responsibilities in the exercise of the Royal Prerogative of

Mercy is attached at Annex B.

7. The decision to abolish capital punishment

in the UK (but not in the Isle of Man or the

Channel Islands) was taken on a free vote in

Parliament. The decision to retain capital punishment in the 5 West Indian Dependent Territories and Bermuda was taken by their elected legislatures. We know that public opinion in the territories and in the legislatures remains strongly in favour of retaining capital punishment. It would therefore be illogical for HMG to impose abolition by Order in Council despite local opinion or, in the event of a petition to the Queen for the Secretary of State, to advise Her to override the decision

of the Governor to whom She has delegated Her

Prerogative, except in the cause of an apparent miscarriage of justice. 8. The Governor of Bermuda recently suggested

Secretary of State might ham less differally that the politieel difficulties feeing Soortending an execution in a Dependent Terrelry in

of Stata the Donlignment

defending an execution in a Dependent Perritory might be less intraetable if the Constitution

were amended to require the Governor to act on the

advice of his Ministerial Advisory Committee, in sann way

as the Queen in the United Kingdom acts on the

advice of Her Ministers.

Sussestim

9. We do not agree with this proposition.

Its

/effect

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