TNAG-0603-FCO40-751-Capital-punishment-in-Dependent-Territories-1977 — Page 55

THE COMMITTEE SO SPECIFIED IS THE ADVISORY COMMITTEE ON THE

PREROGATIVE OF MERCY CONSISTING OF SIX MEMBERS.

.

NOWHERE IN SECTION 22 OR ELSEWHERE IN THE CONSTITUTION IS ANY

CONCURRENT POWER CONFERRED UPON THE PREMIER, THE CABINET OR ANY

OTHER INDIVIDUAL MINISTER TO GRANT REPRIEVES OR COMMUTATIONS

OF SENTENCE. THE ONLY QUESTION THEREFORE CAN BE WHETHER THE

GOVERNOR, EVEN THOUGH HE HAS CONSULTED THE ADVISORY COMMITTEE,

IS BY SOME OTHER PROVISION OF THE CONSTITUTION OBLIGED TO OBTAIN

AND ACT UPON THE ADVICE OF MINISTERS IN GRANTING OR WITHHOLDING

REPRIEVES OR COMMUTATIONS OF DEATH SENTENCES.

THE ANSWER TO THIS QUESTION IS TO BE FOUND IN SECTION 21 CF THE

CONSTITUTION. SUBSECTION (1) IS AS FOLLOWS -

QUOTE

IN THE EXERCISE OF HIS FUNCTIONS THE GOVERNOR SHALL, SUBJECT TO THE PROVISIONS OF THIS SECTION, LAST SEVEN WORDS UNDERLINED

OBTAIN AND ACT IN ACCORDANCE WITH THE ADVICE OF THE CABINET

OR OF A MINISTER ACTING UNDER THE GENERAL

AUTHORITY OF THE CABINET.

UNQUOTE

SUBSECTION (2) OF THIS SECTION COES ON

QUOTE

SUBSECTION (1) OF THIS SECTION SHALL NOT APPLY LAST THREE WORDS

UNDERLINED TO THE EXERCISE

BY THE GOVERNOR OF

Gand

(B) ANY FUNCTION CONFERRED UPON BY THIS CONSTITUTION WHICH IS

EXPRESSED TO BE EXERCISALLE BY. HIM IN HIS DISCRETION, OR IN ACCORD-

ANCE WITH THE RECOMMENDATION OF ADVICE OF, OR AFTER CONSULTATION

WITH, LAST THREE WORDS UNDERLINED ANY PERSON OR AUTHORITY OTHER

THAN THE CABINET.

UNQUOTE

IT THEREFORE FOLLOWS THAT, SINCE THE GOVERNOR IN GRANTING REPRIEVES OR COMMUTATIONS OF DEATH SENTENCES IS ACTING, BY VIRTUE OF SECTION 22(2) OF THE CONSTITUTION, AFTER CONSULTATION WITH THE ADVISORY

COMMITTEE ON THE PREROCATIVE OF MERCY, WHICH IS AN AUTHORITY OTHER

THAN THE CABINET, THE GOVERNOR IS NOT OBLIGED EITHER TO OBTAIN

OR ACT UPON THE ADVICE OF THE CABINET OR OF MINISTERS IN REGARD

TO THE EXERCISE OF THAT FUNCTION, 17 HUST BE CONCLUDED FROM THIS ̧.·

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