Minister of state 177
8/3/29
Mr. ROW LANDS concurs with ine
revised graft 3,
See (193)
194
FONE
FIDENTIAL KC 380y
Mr Stratton
R.V.
Mr Cortaz
PS/Mr Rowlands
Private & acimy
Flag A 175
Hen A
21 MAR 1978
DESK OFFICES
INDEX
Yes
GISTRY Avon Take
Аля
е
efter news
CAPITAL PUNISHMENT IN THE DEPENDENT OVERSEAS TERRITORIES DOTS
1. Ministers have decided that the time is not appropriate to make a change in our policy concerning the imposition of capital punishment in the DOTs. Governors of those territories which still
retain capital punishment should be informed of this decision. It is also desirable that they should be urged to do everything in their power to avoid a situation where the Secretary of State is again forced to recommend to The Queen, within the terms of
the Creech-Jones doctrine, that the law should take its course in a capital case.
2.
Accordingly, I recommend that all the Governors concerned should be told of the decision made by Ministers and that they
be urged to do all within their power to commute any death sentences locally. I suggest that Governors should be told urgently of
the decision in order that they should be aware that Ministers have not decided to abrogate the Creech-Jones doctrine and so that their handling of any local capital case that may be in process should not be coloured by any impression that final decisions will in future be taken by the Secretary of State.
There are at the moment two capital cases extant in the DOTS
which may be brought to the Secretary of State for advice to The Queen on the exercise of the Prerogative. I shall be submitting separately on these. I recommend that as a first step a telegram should issue to all the Governors concerned.
will in some cases take some weeks to reach the DOTS.
A letter
3. I suggest also that a longer and more detailed letter be sent to Governors setting out for them some of the considerations
that have exercised Ministers here and making it clear that the Secretary of State expects Governors appointed by his Office to
follow the policy laid down by him. I submit a draft letter which I recommend should issue from Mr Rowlands, together with a draft telegram.
4. The Departmental Legal Adviser
Coucous. 3 March 1978
CONFIDENTIAL
f.o.ß.
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A B Stewart
Hong Kong & General Dept/