TNAG-0723-FCO40-921-Capital-punishment-in-the-Dependent-Territories-1978 — Page 38

I

Who decides at present whether the Royal Prerogative of

Mercy should be exercised in a capital case in a

Dependent Territory?

The Governor, after taking the advice of his/local Advisory Committee on the Prerogative of Mercy.

Why was the Foreign and Commonwealth Secretary able to

intervene to prevent an execution in Hong Kong in 1973?.

Unlike other dependent territories, where the decision to retain capital punishment has been taken by democratically elected local legislatures, Hong Kong has no elected local government, and it was not therefore considered inconsistent with the general policy for the Secretary of State to advise HM The Queen to intervene

to prevent an execution taking place there in 1973.

Why was the Foreign and Commonwealth Secretary able to intervene to prevent an execution taking place in the Nairn case in the Bahamas in 1969?

The Foreign and Commonwealth Secretary did not intervene. The decision to grant a reprieve was taken by the Governor, in view of the delay that had taken place between the passing of sentence and its carrying

out.

Excentive

Counal or

حديقة

Is it not true that the Creech-Jones doctrine does not

entirely deprive the Foreign and Commonwealth Secretary of his power to intervene in capital cases in dependent

territories?

Under the policy which has been followed by success- ive British Governments, the Foreign and Commonwealth Secretary does not intervene except to prevent a mis- carriage of justice.

/Are

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