CONFIDENTIAL
5. WHILE IN LOCAL CIRCUMSTANCES I SHOULD PREFER NO ALTERATION TO
EXISTING PROCEDURE WHICH PROVIDES FOR LOCAL CONSULTATION BEFORE
FINAL DECISION BY GOVERNOR' WHO MAY BE GIVEN INSTRUCTIONS
ON EXERCISE OF PREROGATIVE BY SECRETARY OF STATE CHOICE 3(A) IS SEEN AS THE BEST OF COURSES PROPOSED.
6. SECTION 53 OF THE CONSTITUTION ON GOVERNOR'S POWER
OF PARDON IS QUALIFIED BY SECTION 13 OF THE ROYAL
INSTRUCTIONS. SIMPLE AMENDMENT TO ROYAL INSTRUCTIONS
RETURNING EXERCISE OF PREROGATIVE IN CAPITAL CASES
TO THE QUEEN ON THE ADVICE OF THE SECRETARY OF STATE
LAYING DOWN PROCEDURE WOULD SEEM COURSE OFFERING LEAST
POLITICAL OBJECTION.
7. CASE FOR SO DOING COULD POSSIBLY BE PRESENTED AS MEANS
•
OF SECURING UNIFORMITY IN EXERCISE OF PREROGATIVE IN FEW REMAIN-
ING DEPENDENCIES.
8. MAIN DIFFICULTY IS SEEN AS GIVING UK PARLIAMENT SUFFICIENT
ASSURANCES WHILE MAINTAINING THE FICTION THAT THE DEATH
PENALTY IS PRESERVED IN THE COLONY AS A DETERRENT AND
USING COMPLICATED ADMINISTRATIVE PROCEDURE TO ARRIVE AT A
FOREGONE CONCLUSION TO EXERCISE PREROGATIVE IN ALL CASES.
9. CHIEF SECRETARY AND ATTORNEY GENERAL HAVE BEEN CONSULTED
CONFIDENTIALLY IN PREPARATION OF ABOVE ADVICE
RUSSELL
FILES HK & GD WIAD
M AND C D RES D MR POSNETT
COPIES TO
MR BICKFORD LEGAL ADVISERS SIR CLIVE ROSE CABINET OFFICE MR G DE WINTON LAW OFFICER'S DEPT
MR AMF WEBB LORD CHANCELLOR'S
MISS MA CLAYTON
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