Xtrill
Mr Quantrill
Mr McLaren
CONFIDENTIAL
Reference
HKG 380/2........
HKG.380/2
25
No
е се
CAPITAL PUNISHMENT IN DTS
1.
I had hoped to finalise this paper before leaving, but still await reactions from BVI and Hong Kong. The BVI reaction was despatched by airmail last week and should arrive any time.
2. I did ask Mr Rushford to comment on the Posnett paper, but he has only attempted to amend it. However this paper is being submitted as an expression of Governors' views and has been approved by them. It is therefore for us to comment on the paper but not to amend it.
3. I think the submission of 24 August should have expanded somewhat on the constitutional problems of imposing abolition. Mr Cortazzi has confirmed one of the objections in my minute of 23 July, but the problem of Jersey has not yet been mentioned. It is an important factor if we are to consider UK legislation and Ministers will not thank us for failing to remind them of it. The PUS referred to the difficulties in his letter to OAGS of 4 April 1978.
CODE 18. 77
5 October 1979
Dutchery Che
A E Clarke
Hong Kong & General Department
ais.
I find Ihr Posnett's paper verz disappointing (to put it mildly). As the amendments suggested by to Rushford show, it contains some very questionable statements. It is also ingenions in totally dis- regarding the UK political dimension: the fact of the matter is that applying the Creech. Jones doctime is going to be seen by many, very vociferous people in this country as Minister washing thes hands of the responsibility (a particularly caft metaphor in this case). when the last Secretary of State tried it, he got a very rude shock and there after decided that (since there were practical obstacles to taling legal steps to stop it happening again) officials should so arrange things within the existing laws and conventions that there was repetition. This, with some straming, we managed to do. We are now still in much the same position. There are still practical obstacles, though rather different ones, to changing the law: but thinisters will still
CONFIDENTIAL
find