TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 144

But

the exercise of the residual Prerogative of Mercy is received. the Foreign and Commonwealth Secretary is bound by a series of despatches which issued in 1971 in which the then British Government

committed themselves to the Governments of each of the Associated

States not to advise Her Majesty to intervene, in cases falling

within the appropriate section of the constitution, against the decision of State authorities. The Associated States are fully responsible for their internal affairs and would, I am advised, regard intervention by the Foreign and Commonwealth Secretary in the exercise of the Prerogative as an infringement upon their internal affairs. I would explain this to the House but since there are cases pending in these States their exclusion could be controversial

though I see no alternative.

7. I attach a draft Motion relating to the Dependent Territories and suggest that we have an early meeting to consider it in the light of any constitutional and legal advice the Law Officers may

wish to offer.

D.A.L.O.

FOREIGN AND COMMONWEALTH OFFICE 9 February 1978

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