TNAG-0599-FCO40-747-Capital-punishment-in-Dependent-Territories-1977 — Page 55

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

CONFIDENTIAL

the contents of the petition and asking him to forward a transcript of the record

of the case and any other rolovant documents. If such a petition contains only

a simple appeal for clemency no reference to a legal adviser is necessary, but

if it contains supporting arguments the petition should be seen by a legal adviser

before the telegram is sent. When the transcript and other relevant documents

reach the Foreign and Commonwealth Office the petition should be considered in

the same way as if it had been forwarded through the Governor in the first place,

except that it need not be re-submitted to Her Majesty unless there has been any

specific request from the Palace that this should be done. If by the time such a

petition reaches the Governor the date of execution has already been fixed, ho will follow the proceduro indicated in paragraph 14 above.

Petition received after the execution of doath sontonce

22. If a potition for clemency is sent to Her Majesty direct and received after.

the death sentence has been carried out it should be left to the Governor of the

territory concerned to decide whether a reply should be sent to the petitioner's

representative. If the Governor considers it desirable to send a reply he should

be advised to reply that "The petition was referred to the Secretary of State by The

Queen, but he was unable to advise Her Majesty that it should be granted".

Petition addressed to Secretary of State

23. The procedure for considering petitions addressed to the Secretary of State

is generally similar to that for considering petitions addressed to Her Majesty,

except of course that no reference to Her Majesty's Private Secretary is necessary.

In such cases the reply should take the form "The prerogative of mercy having been

delegated by Her Majesty to the Governor, the Secretary of State is not prepared to

intervene".

Other representations on behalf of condemned man

24.

Representations on behalf of a condemned man by his relatives, Members of

Parliament or members of the general public may be addressed to the Secretary of

State or addressed to Her Majesty and forwarded to the Foreign and Commonwealth

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