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Mr Stephen
CONFIDENTIAL
256
BRITISH VIRGIN ISLANDS: DEATH SENTENCE ON MR GASTON
Mr Duff has passed to me your minute of 15 June since policy towards capital punishment in the dependent territories is handled in this department.
1.
We now know that the Governor of the BVI intends to commute the death sentence passed on Mr Gaston even though (as Mr Barbor-Might rightly points out) this will not be a popular decision in the territory. The decision will be announced locally on 5 July; until then it should remain confidential.
2=
3. We have sought our Legal Adviser's views on the Stockwell Group's theories about the Creech-Jones doctrine. He has pointed out that in considering a capital case in the BVI, the Governor operates within the framework of BVI law. If the case subsequently comes to the Secretary of State for consideration, he too must consider it within the context of BVI law - the fact that the law of England is different is irrelevant. There is no reason, therefore, why the views of the Secretary of State should differ from those of the Governor, although admittedly the Secretary of State might feel more strongly than the Governor that the local law ought to be changed.
28 June 1978
CC: PS
PS/Mr Rowlands Mr Cortazzi Mr Stratton
Legal Advisers
Miss Stoddart, WIAD
нка 360/1
RECEIVED IN PRAGTRY NO. 51
3 0 JUN 1978
DESK OFFICER
INDEX
No
РА
REGISTRY
Action Taku
&
R JT McLaren
Hong Kong & General Dept
thank
you.
CONFIDENTIAL
M
29/6
fu
29/vi
Queryui 8236
Mr barow
~A'7
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