CONFIDENTIAL
5. Mr Watson took the point but suggested that if Governors were given a Royal Instruction to commute all death sentences in their territories capital punishment could be effectively suspended with- out giving rise to domestic political difficulties. I said that a study of the various ways in which capital punishment might be abolished in the DOTs had been made earlier this year and Mr Watson's suggestion had not been among those considered. I there- fore supposed that there would be constituional objections (the Department's Legal Adviser has since confirmed that this is the case: the Crown has no power to give instructions of the kind Mr Watson had in mind.) I also said that any change of policy on the subject, however introduced, would have to be announced and defended in Parliament, thus provoking the kind of debate which Ministers were anxious to avoid. We left it at that.
6. In view of this discussion I do not think there is any need for the PUS to reply to Mr Watson's letter, though we should certainly bear in mind the very cogent points made in it. Neither do I think that this is the right time to issue further guidelines to Governors on the question of capital punishment; there is in any case nothing new to say. What we can do, and are doing, is to keep in very close touch with Governors faced with capital punish- ment cases and make sure - without, of course, giving gratuitous advice that they have any help they may need.
31 August 1978
Cc:
Mr Duff, WIAD
вывторим
R J T McLaren
Hong Kong and General Department
I agree with Mr. Mcharon.
адлес
31 Ang
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विज
shur ups as b Wasson.
бабы
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4/9
CONFIDENTIAL
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