763)
GPS 220
MEDIATE
CHER CAT A
FM HAMILTON 271705Z
CONFIDENTIAL AND PERSONAL
CONFIDENTIAL
нка 3861
RECEIVED IN PEGISITY NO. 51 28 OCT 1977
DESK OFFICER ĮREGISTRY INDEX
Action Taken
PA
No
165
TO IMMEDIATE FCO TELEGRAM NUMBER PERSONAL 34 OF 27 OCTOBER 1977.
MY TELNO PERSONAL 321 CAPITAL PUNISHMENT.
1.
CAPITAL PUNISHMENT IN BERMUDA COULD, OF COURSE, BE ABOLISHED BY AN ACT OF THE UK PARLIAMENT OR BY ORDER IN COUNCIL, AS EXPLAINED
IN YOUR TELNO PERSONAL 76 OF 9 AUGUST TO BELMOPAN. BUT I SHARE
THE VIEW WHICH THE ACTING GOVERNOR EXPRESSED IN HIS TELNO
PERSONAL 19 OF 12 AUGUST, THAT A PARLIAMENTARY STATEMENT ABROGATING THE CREECH JONES DOCTRINE SHOULD BE FAR LESS OFFENSIVE TO BERMUDIAN
FOLITICAL SUSCEPTIBILITIES THAN EITHER OF THESE COURSES, EVEN THOUGH IT RESULTED IN DE FACTO LAST TWO WORDS UNDERLINED] ABOLITION. IN THE HOPE THAT YOUR COLLEAGUES WILL AGREE, I THUS SUGGEST THAT WE MAINTAIN THE POSITION (AS EVEN THE P L P PETITION APPEARS TO DO) THAT THE MATTER IS GOVERNED BY BERMUDA LAW. HENCE MY
ADVICE ON THE POINT.
2.
AS TO THE BERMUDA LEGISLATURE'S VIEWS, JUST OVER TWO YEARS AGO THE HOUSE OF ASSEMBLY HERE DECIDED, BY A SUBSTANTIAL MAJORITY IN A FREE VOTE, TO RETAIN CAPITAL PUNISHMENT. SINCE THEN THERE HAS PROBABLY BEEN SOME SHIFT IN PUBLIC OPINION: RETENTION MIGHT NOT THEREFORE COMMAND THE SAME MAJORITY NOW. BUT THE PL P MUST PRIVATELY RECOGNIZE THAT THEY STILL COULD NOT CARRY A BILL TO ABOLISH IT, WHICH IS NO DOUBT WHY THEY HAVE NOT YET PURSUED THEIR EXPRESSED INTENTION TO INTRODUCE ONE.
RAMSBOTHAM
FILES
HK&GD
PS PS/PUS
SIR A DUFF MR CORTAZZI MR MURRAY
COPIES TO:
SIR J SINCLAIR LEGAL ADVISERS
CONFIDENTIAL