CONFIDENTIAL
79
Reference
HKC 380/1 нка
Mr Jasper
CAPITAL PUNISHMENT: THE POSITION IN BERMUDA
1.
78
22
Threeffs are with Mistwant
In Meeting a 4/8
113/8
Paragraph 2(i) of my minute of 29 July to Mr Levoir refers.
Since
2. I now attach a copy of the 1966 Bermuda Constitutional Conference Report, which Mr Bickford has sent to Mr Stewart. Paragraph 17 of the Report is relevant. This paragraph was the authority for the statement in paragraph 8(b) of Mr Stewart's submission of 27 May, where it was stated that the Secretary of State would not advise an amendment to the new Bermuda Constitution without consulting the Bermuda Government. the devolution of the Prerogative of Mercy to the Governor of Bermuda is enshrined in the Bermuda Constitution, I think that we should also check the wording of the relevant provision of the Constitution. We should keep copies of the Conference Report and of the Constitution handy in case a meeting of the suggested inter-departmental committee to consider the Secretary of State's proposals is convened.
3. Mr Stewart is concerned that the proposed addition he made to the supplementary briefing for the DOP regarding the Attorney General's views and dealing with the position in Bermuda was queried by Mr Rushford (the manuscript amendment to the draft-(below) brief and Mr Rushford's comment thereon, which is on the file, refer). As I recall, Mr Stewart's amendment amounted to saying that UK legislation to abolish the death penalty in the dependent territories concerned, which was the course of action suggested by the Attorney General, would "effectively" mean that the Bermuda Constitution was being amended and that could not properly be done without first seeking the agreement of the Bermuda Government. It was this point that Mr Rushford queried. Subject to your checking the Bermuda Constitution along with paragraph 17 of the 1966 Bermuda Conference Report, it may be that we will need to refer the point again to Legal Advisers for clarification.
CODE 18-77
SS 10/76
1 August 1977
D.F. Millon
D F Milton
Hong Kong & General Department K 247
233 4381
CONFIDENTIAL