The Prime Minister:

With reference to the confidential circular despatch of 5 September 1901, advised on in my opinion of 3 December 1901⁽¹⁾ the Prime Minister submits a further confidential circular despatch dated 26 August 1902, which states:

The particular case which led to the consideration of the subject had special reference to the pardoning of a naval court-martial prisoner, and that the point has since been raised as to the power possessed by a Governor to pardon military court-martial prisoners apart from the Instrument referred to in that despatch, in view of the statutory powers conferred on a Governor in respect of military courts-martial by the Army Act, 1881, and I have to inform you that it appears to be desirable that in order to minimise any inconvenience which might arise from the intervention of a Governor in matters so closely affecting the discipline of His Majesty's Naval and Military Forces as the sentences of courts-martial, he should not in future exercise any powers of pardon in relation to the sentences of military courts-martial, which will thus be placed on the same footing as those of naval courts-martial.

From the terms of this despatch it now seems quite clear that the ruling referred to had no reference to courts-martial held under the provisions of local Acts, but referred solely to courts-martial constituted and held under Imperial Acts.

[Vol. 3, p. 5]

(1) Opinion No. 28.