CONFIDENTIAL
Capital punishment in the Dependent Territories
7. Capital punishment for persons convicted of murder was abolished in the United Kingdom (but not in the Isle of lan nor the Channel Islands) in 1955. In that year the then Secretary of State invited the Goverments of the Dependent Territories to consider the abolition of capital punishment in their territories. Again in 1970, the then becretary of state requested Governors to "take note of the recent changes in the law of the United Kingdom and consider whether changes can now be introduced in the legislation now enforced in your territory to bring it into line with the present law in the United Kingdom".
8.
The Legislatures of the following Dependent Territories declined both in 1965 and 1970 to amend their law to abolish capital punishment for murder and therefore have retained the death penalty:
9.
British Virgin Islands
Bermuda
Belize
Cayman Islands
Hontserrat
Turks and Caicos Islands
Hong Kong
The Governors of the first six territories all confirmed as recently as April 1973 that there has been no change in the attitudes of their Legislatures.
10. Since the decision to abolish capital punishment in the UK was taken on a free vote in Parliament it would be inconsistent to refuse to allow the issue to be decided by the elected legislatures of the 6 Dependent Territories who wish to retain it. We know that opinion in these territories remains strongly in favour of retaining capital punishment; there is no doubt that a constitutional crisis would be provoked if HG were to seek to impose abolition on those territories (eg by Act of Parliament or by Order in Council) over the heads of the elected legislatures and in defiance of local public opinion.
11. The only other Dependent Territory where the death penalty remains on the statute book is long Kong, which has no elected legislature, and where no execution has in fact been carried out since 1966. Public opinion in the Colony is strongly in favour of the death penalty, and in present circumstances abolition would be highly unpopular. In practice most death sentences passed in Hong Kong are commuted by the Governor
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CONFIDENTIAL