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ATTORNEY GENERAL'S CHAMBERS,
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I would also make two other comments
(1) Para 4
This could be read as implying that there ought not to be legislation abolishing capital punishment by any method, but then in para 16 legislation is recommended. Possibly it might be an improvement if para 4 were to the effect that although Parliament and HMG have these general powers of legislation they are not in fact used to impose laws on a domestic matter of this kind against the wishes of the local government, especially the elected government of a territory with a substantial degree of local autonomy. It would have to be recognized therefore that legislation by any method to abolish capital punishment would be regarded as a most unusual step by the DOT.
(2) Para 10
I suggest that this should spell out very clearly that, except where there is a petition or in the exceptional case of Hong Kong, the Secretary of State does not intervene by reviewing cases and advising on the exercise of the prerogative. I know that this is implicit in the Creech-Jones statement but it still does not seem to be fully understood.
Your suwely,
Michael de Winth
A R Rushford Esq CMG Deputy Legal Adviser
Foreign and Commonwealth Office London, SW1A 2AL
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M G de Winton
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