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CONFIDENTIAL
HKG 386/1
Foreign and Commonwealth Office
*ACITY NO. 51 17 APR 1978
DESK OFFICES
INDEX
FA
REGISTRY Action Taken
Yes 1/4 L
London SW1A ŻAH
4 April 1978
The hevos
82/4
(210)
CAPITAL PUNISHMENT IN THE DEPENDENT OVERSEAS TERRITORIES (DOTS)
1. As you know, earlier this year Ministers were asked to decide whether the time had come to abrogate the Creech-Jones doctrine relating to capital punishment in DOTS so as to leave the Secretary of State completely free to take into account all the considerations which seemed to him relevant when making a recommendation to The Queen on the exercise of the Prerogative of Mercy. You should know now that Ministers have decided to defer for the time being any decision on policy in this matter.
2. There are practical objections to an abrogation of "Creech- Jones". There are also legal objections to using the royal prerogative as a means of suspending or abolishing the death penalty. Capital punishment for murder cannot be abolished in those DOTS which have decided to retain it, without giving either Parliament in Britain or the local legislatures in the DOTS the opportunity to debate the issue and to make decisions on it. it were finally decided by Ministers that capital punishment in the DOTS must be totally abolished, without any exceptions, this could only be done either by Bills in the local legislatures or by a Bill in the UK Parliament, except, of course, in those territories in which the law could be altered by Order in Council. There are considerably difficulties over any such course.
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3. As a result of all these considerations Ministers have decided to defer a decision. They are, however, concerned about the possibility of another case, such as the recent one in Bermuda, where two men were hanged; this caused violent disturbances in Bermuda, a need for reinforcement from the UK, and angry protest here in Britain. As we stand at present, the Secretary of State must continue to observe the provisions of the Creech-Jones doctrine, and the cases in which he might be able to advise Her Majesty to accede to a petition for mercy will be very, very few. You will wish to take full account of this in any case that comes before you since, as laid down in the Memorandum on the Prerogative of Mercy in Capital Cases in Dependent Territories, the final decision will nearly always rest with you.
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CONFIDENTIAL