CONFIDENTIAL
Although this procedure is quick and convenient,
the effect would be to deny the Elected Legislatures
a free vote on which they have already expressed
their emphatic opinion, and thus possibly precipitate
Constitutional crises. The majority of the
Territories in question have Ministerial systems of
government, the locally elected Ministers are
jealous of their status and responsibilities, and
both they and the Legislatures would certainly
resent an attempt by HMG to impose a change in
their domestic law against their wishes.
Alternatively, but more laboriously, HMG could
pass an Act of Parliament to achieve the same
effect, but this course is open to the same
objections,
Capital punishment could not be abolished in the
New Hebrides without the agreement of the French
Government who retain capital punishment in France.
HMG have no power to override local legislation on
capital punishment in any of the Associated
States.
The continued existence of the death penalty for
murder in the Isle of Man and Jersey (where the
local law has not been overridden by HMG) might
prove embarrassing to HMG if the point were raised
by the Government of a Dependent Territory which
wished to retain its own death penalty.
/iii.
4
CONFIDENTIAL
Abolition