2.
3.
We must also take account of the situation in
Hong Kong. There, since the Creech-Jones doctrine was abrogated in 1973, the Governor has adopted a policy whereby all capital sentences are automatically commuted to one of life imprisonment. However, for each case the matter has gone before the Governor's Executive Committee which fulfils in Hong Kong the purpose of the Prerogative of Mercy Committee and although in theory the Governor is supported by the official majority on the Council, there have been occasions when the Governor has had difficulty in achieving a majority in the Council for commutation. There has been little overt reaction in Hong Kong to the Bermuda executions although visitors from Hong Kong tell me that it has been widely discussed. When next a capital case comes before him the Governor may find it even more difficult to resist
local demands to allow the law to take its course in the
light of what happened in Bermuda. The Secretary of State
has said that the 1982, 2on must be incld in Hong Kong.
which
To avert the danger that the Governor may have to give way, thereby forcing the Secretary of State to step in, it is important to act quickly to bring other territories into line with what is effectively the practice in Hong Kong.
In the
4. I recommend, therefore, that the Secretary of State should now revert to the options set out in GEN 99/77(4)
and reconsider the best way to proceed from there.
light of the undertakings given in his parliamentary
statement of 5 December and his replies to subsequent questions, the most appropriate measure would appear to be a Motion in the House which, if passed, yould have the
submit effect of abrogating Creech-Jones. I attach a draft memorandum from the Secretary of State to his colleagues
in GEN 103.
5. [The departmental Legal Adviser concurs.]
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