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CAPITAL PUNISHMENT: BERMUDA

HKG 3861

RECEIVER

- 5 DEC 1977

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1. I have been asked to provide as a matter of urgency a draft statement and notes for supplementaries for the Secretary of State's use in case there is an emergency debate today on the case of the two men sentenced to death in Bermuda.

The sentences are due to be carried out at 8.00 a.m. local

time (midday British time) tomorrow, Friday, 2 December.

2. I submit a draft statement and notes for supplementaries.

3. We have only been able to trace one case in which,

despite the Creech-Jones doctrine, the Secretary of State

intervened and ordered a commutation against the advice of

the Governor and his Prerogative of Mercy Committee. This

was in 1969 in the Bahamas in the case of Rupert Ezra Nairn.

Mr Michael Stewart was at that time convinced that the mental

state of the accused was such as to justify a reprieve. A

delegation consisting of Sir Arthur Galsworthy and

Sir James McPetrie flew to the Bahamas and persuaded the Governor to grant a reprieve on compassionate grounds

related to the time factor.

Nairn was later removed to the

United Kingdom to serve his imprisonment here. I also attach

a note on the number of reprieves and executions in dependent territories in recent years.

1 December 1977

Cc:

PS/Lord Goronwy-Roberts PS/Mr Rowlands

Mr Cortazzi

Mr Stratton Mr Duff (WIAD)

a. B. Steent

J A B Stewart

Hong Kong & General Dept

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