CONFIDENTIAL
DRAFT OF REPORT TO MINISTERS:
CHAPTERS I IV
CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES
I. THE PRESENT SITUATION
1.
Capital punishment is retained in seven Dependent
Territories: Belize, Bermuda, the British Virgin Islands,
the Cayman Islands, Montserrat, the Turks and Caicos
Islands and Hong Kong (as well as in the Channel Islands
and the Isle of Man). In 1965 and again in 1970 the
Secretary of State of the day invited the Governors of
the Territories concerned to consider introducing changes
in legislation on capital punishment in order to bring it
into line with that in the UK. The legislatures of the
Territories concerned refused to do so. All available
evidence suggests that there has been no change in public
opinion in the Dependent Territories on the issue of
capital punishment since 1970. The result is that policy
continues to be governed by the "Creech Jones" formula of
1947 whereby the Secretary of State does not advise The
Queen to intervene if a Governor does not exercise the
Prerogative of Mercy, unless there has been an evident
miscarriage of justice.
2. The following are relevant extracts from Mr Arthur
Creech Jones' written reply of 11 August 1947 (Vol 411
Cols 230-233 copy attached) concerning the exercise of
the Prerogative of Mercy:-
-
"The normal practice of the Secretary of State
for the Colonies is himself not to intervene
in an individual case and not to advise His
Majesty to intervene.
There would be most
CONFIDENTIAL
/unfortunate
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