Mr McLaren
CONFIDENTIAL
n
See 276 reply
Referenice
Hka 386/1
FY NO. 51
- 4 OCT 1978
DESK OFFICER
INDEX
PA
REGISTRY
Action Taken
269
No
263
218
1.
Miss Hunt has suggested that the best way of answering Mr Watson's plea that the power to reprieve be taken from OAG's, is by discussion with him in Dept. I understand he will be in the UK until November.
2.
The possibility of removing from Governors the delegated exercise of the prerogative of mercy is discussed in paragraph 10 of Sir I Sinclair's paper on Capital Punishment in the DOT's (now frozen), and to do so would require amendment to the constitution of each DOT cancerned. I am not sure that the comparison of an OAG's role with that of Home Secretary is a good one, but in any case the latter still has to advise the Crown on a death penalty imposed in the Isle of Man or Jersey - both with populations considerably larger than the Turks and Caicos.
3. We could perhaps tell Mr Watson that the possibility of introducing legislation here is still being considered by Ministers, but this would totally abolish capital punishment in the DOT's. Meanwhile, the final decision on mercy must normally rest with the OAG.
CODE 18-77
10 August 1978
Mr Clarke
Guthery Cla
A E Clarke
L
Hong Kong & General Department
Thank
You.
fl.
ask wird when
they expect the Watson
m
ila
office.
Miss Heut has telephoned to
CONFIDENTIAL
say
fu
she has re-read