TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 76

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

CONFIDENTIAL

- 2.

unfortunate results if the Secretary of State

followed any other course. First it would be

necessary for him to consider fully the facts

of each case and all the considerations which

bore upon it.

but further, and more

important, for the Secretary of State to

intervene would conflict with the plain

intention of the constitutional instruments .....

which set up a better machinery for deciding

these matters than anything the Secretary of

State could do here; and would be contrary to

the common sense of the situation, since the

Governor, knowing of the circumstances is in a

better position to judge whether the Prerogative

of Mercy should be exercised in any particular

case."

3.

Sentences of death have been passed on two convicted

murderers in Bermuda. The local Prerogative of Mercy

Committee has advised that the law should take its course

and the Acting Governor has accepted their advice.

Tacklyn,

one of the condemned men, has applied for special leave to

appeal to the Judicial Committee of the Privy Council and

х

this has been granted. The appeal will be heard in October

but it is not thought likely to be successful and a petition

to HM The Queen to exercise her residual Prerogative may

therefore be expected. It would then fall to the Secretary

of State for Foreign and Commonwealth Affairs to tender

advice to Her Majesty.

× application to appeal

CONFIDENTIAL

14. At

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