CODE 18-77
SS 10/76
CONFIDENTIAL
HKG 025/2
RECEIVED IN REGISTRY NO. 51
10 JAN 1978
DESK OFFICER
REGISTRY
HKD
cc Mr Posnet
Mr Stewar
INDEX
Mr Snodgrass No
PA
Action Take
JJ. Ex
Reference
indexper Ma Levain. Pastel Pp Pit M. Dal
CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES
Para!
(3)
547. My know the acting lathen regarding Aura 1(b) of the Curtüggir minuli. HKC 025/1 (77) JE 1571
1. I refer to Mr Cortazzi's minute of 6 December concerning capital punishment in Dependent Territories.
Decolonisation
2.
Mur fillave. Paras 164 shi
You. Then His how my 5,
•estached to Petolonglin
In
In paragraph 2 of this minute Mr Cortazzi suggests that it is necessary to review current policies on decolonisation. December 1977 a preliminary paper on the subject was prepared by you and circulated. Messrs Posnett, Quantrill, Jasper, Beattie and Dale attended a meeting on 5.1.78 to discuss this paper; as a result it was decided that a paper reviewing policy on decolonisation should be ready for submission by the end of January or beginning of February 1978.
3. Of the 6 West Indian and Atlantic dependencies, Bermuda enjoys a very large measure of internal self government; external affairs, defence and security remain, however, the direct responsibility of the Governor. The other DTs are not so advanced as Bermuda, their constitutions provide for the assignment of responsibility for internal affairs to local ministers, but at the same time the Governor (in the interests of public order, public faith or good government) may act contrary to the advice of his ministers and he is also empowered to assent, refuse or refer enactments made by the local legislature. Furthermore, the Governor is wholly responsible for matters of defence, external affairs, internal security and the public service. In addition to the Governor's powers, HM The Queen may issue instructions through the Secretary of State not only to regulate the Governor's functions, but also, if required, to control matters of internal affairs. HM The Queen also exercises the powers of disallowance. These powers, provided we do not permit them to be eroded by local political aspirations, are real and provide HMG with a large measure of control over DTs' internal affairs should the need arise to exercise it. To proceed to the next stage of constitutional advance would result in the loss of much of these reserve powers and in my view such constitutional change should not be permitted unless it forms the final step leading to agreed independence on a timed basis.
4. The situation, therefore, at present, is one where we have responsibility with power to veto political and administration actions which could affect internal security, but this does not, in my view, extend to judicial matters which lie outside the scope of our direct control.
Capital Punishment
5.
Capital punishment exists in Bermuda, Cayman Islands, Montserrat and the Turks and Caicos Islands. Soundings made in the latter three territories reveal opposition to the abolition of the death sentence. The opposition to the abolition of capital punishment in
the. Me Dale
date 9.1.78
From:
CONFIDENTIAL