CONFIDENTIAL
141
THIS DOCUMENT IS THE PROPERTY OF HER BRITANNIC MAJESTY'S GOVERNMENT
DOP (73)49
25 June 1973
Copy No e
IN
N21
28 JUR1773
10KK14/16
214/16
CABINET
DEFENCE AND OVERSEA POLICY COMMITTEE
THE DEATH PENALTY IN THE TO ENTER BY
DEPENDENT TERRITORIES
HKIOD
TO ENTER BY ......... Juky..
Memorandum by the Secretary of State for Foreign and Commonwealth
Affairs
1. The death penalty for murder still exists in Hong Kong, in the condominium of New Hebrides, and in the Dependent Territories of Bermuda, British Virgin Islands, Cayman Islands, Montserrat and the Turks and Caicos Islands. All of these except Hong Kong and the New Hebrides have elected legislatures.
2. Capital punishment could not be abolished in the New Hebrides without the agreement of the French, who would not give it. For the rest, in 1965, 1970 and again in 1973, we consulted the Governors concerned. In all these places local opinion remains firmly in favour of retention. Except in Hong Kong, to change the law would therefore involve overriding the wishes of elected legislatures and Governments. I do not think we should do this. Apart from the constitutional and political implications, enforced abolition would breach the principle of a free vote. It could also lead to difficulty over the Isle of Man and Jersey. I therefore think that we must leave the death penalty as it is in those Dependent Territories where there are elected legislatures. implies that if there is a petition to The Queen against the Governors' decision in these territories, I should, unless there is a miscarriage of justice, recommend that the law should take its course, and be prepared to defend this in parliament.
This
3. This leaves Hong Kong. Since 1966 every convicted murderer there has been reprieved by the Governor, with or without the agreement of his Executive Council. But in April this year the present Governor decided in a particular case that this was no longer possible. The Governor's power of reprieve is delegated to him personally under the constitution of Hong Kong. In normal circumstances it would be very difficult for me to interfere or to advise The Queen to use Her residual prerogative of mercy; nor
Special handling see diplomatic service procedure volume 2 paragraph 10 (2)
CONFIDENTIAL
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