DSR 11C
and the Navin case in the
Bahamas in 1969
Romouck
the Samnor.
ཨ;
been no reason to suppose that they have not taken into
On rare occassime, account all relevant circumstances, sometimes the Secretary
of State has brought considerations to their notice which
might otherwise not have been given due weight (eg the
Lightborne case in Bermuda in 1959). But there is no
case on record where the residual prerogative has needed to
be exercised because
has failed to take into accoun!
a Governor
ragard a factor that would have rendered
it unjust for him to let the law take its course. In
recent years many more death sentencés pronounced in the
DOTS have been commuted than have been carried out, because
the Governor and his advisers haye thought it right to
exercise clemency. The dates of the last executions in
the seven DOTS that still retain the death penalty are
The two in 1977),
Belize 1974, Bermuda 1943 (apart from this poarte
British Virgin Islands 1972, Cayman Islands 1928, Hong Kong
1966, Montserrat 1960 and the Turks and Caicos Islands
1946.
8. The position in Hong Kong is anomalous, in that, since
1973 (when the Secretary of State advised the Crown in
the Tsoi case to exercise the residual prerogative in
the light of Parliamentary factors [Connected with Clause 1
of the Northern Ireland (Emergency Provisions) it quite unconnected with/Hong Kong or the case itself), the Governor
under pressure from successive Secretaries of State, has
followed a policy of commuting all capital sentences
regardless of the existence of mitigating factors or the
views of his Executive Council.
9. If it were desired to remove the delegated prerogative
of mercy from Governors in capital cases, this would entail
amendment of the constitution of each DOT concerned. The
amendment could be effected by Order in Council, but
/it would D 107991 400,000 7/76 904 953
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