DSR 11C
Constitutional Formalities
8.
It would be possible to effect abolition in some
territories by Order in Council, but this could not be
done in the cases of Belize or Montserrat, and in Bermuda
this would need the concurrence of the local government.
Similarly, the Governor does not have the power in all
territories to force through legislation (again this
includes Belize and Montserrat).
9. An Act of Parliament is, therefore, the only
practicable solution to cover all territories, but such
a course might need to consider Jersey and the Isle of
Man, where such intervention would be contrary to the
long-standing constitutional convention whereby Westminster
does not seek to legislate internally in domestic matters.
10. An extension of the Hong Kong practice, by which
Governors would automatically reprieve is considered
unconstitional in that it would effectively suspend the
law by executive action.
Conclusion
11. There seem therefore to be three practicable options:
a) to leave matters as they are and re-confirm the
Creech-Jones doctrine
or to seek to extend the House of Commons decision by
b) asking Governors to consider local legislation,
with or without the implication that we might
c) introduce a Bill in the UK
Parliament to
abolish capital punishment in all dependencies.
This last course would probably call for the establishment
of an interdepartmental committee under the Cabinet Office
to consider all the implications.
12. WIAD, MCD and the Departmental Legal Adviser agree.
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