TNAG-0720-FCO40-918-Capital-punishment-in-the-Dependent-Territories-1978 — Page 49

712

R. No Buy Reference

1J25/1

Mr Jasper (Hong Kong and General Department)

Seef 991.

We spoke. St Vincent is internally self-governing and the Queen must act on the advice of her Ministers there as regards internal matters. At the same time the Governor is bound to act on the advice of the Advisory Committee on the prerogative of mercy. Although residual prerogative rests with the Queen it would be extremely difficult, if not unconstitutional, for her to act against the advice of the Governor and the St Vincent Ministers in this matter. I raise a question mark over the constitutionality issue as capital punishment is an internal matter for St Vincent

2.

It is therefore questionable whether or not the Queen can act on the advice of Ministers other than St Vincent Government Ministers in this.

CODE 18-78

24 January 1978

Dilimet

J D P Bickford Legal Advisers

I

RECE

INDEX

HKG 3861

25 JAN 1978

PA

NO. 51

REGISTRY Action Taken

све

Yos. J.J. &

'C-Pm Alias'