TNAG-0724-FCO40-922-Policy-on-use-of-Prerogative-of-Mercy-1978 — Page 33

CONFIDENTIAL

will share this view. If the Governor were obliged to accept their advice, he would be powerless to take account of the trial Judge's opinion. A single local Minister is likely to take a stiffer line than a Governor, so that more death sentences will be upheld than at present; and the Governor would have no say in the deliberations of the Advisory Committee, which would meet under the chairmanship of the Minister, not his own.

8.

There are accordingly some serious objections of principle to Sir Peter Ramsbotham'a proposal and I recommend that it should not be pursued.

9. The Legal Adviser concurs.

16 February 1978

00:

PS/Lord Goromy-Roberts

Sir A Duff

Sir I Sinclair

Mr Stratton

Mr Rushford

WIAD

3

CONFIDENTIAL

PP

JAB Stewart

Hong Kong & General Dept