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PS/Mr Ridley
MP's LETTER
CONFIDENTIAL.
нка 38012
RECURVED OF
23 DEC 1980
DESK OFRUE"
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1. Mr Kenneth Marks MP (Labour, Manchester Gorton) has written to the Secretary of State about capital punishment in the Dependent Territories. I submit a draft reply. WIAD and the department's Legal Adviser agree.
2.
As you are aware, the question whether HMG should introduce legislation to abolish capital punishment for murder in those dependent territories that still retain it has been examined twice by Ministers this year; they have agreed to maintain the existing policy, i.e. not to override the local legislatures in this matter. The Secretary of State thought it prudent, however, as capital cases were then pending in three Dependent Territories, to forewarn the Prime Minister and other of his colleagues of possible difficulties either if the sentences were commuted by the Governor or if the law was allowed to take its course (the Secretary of State's letter of 3 December).
3. The Governor of the British Virgin Islands is particularly exercised about his responsibility as regards the exercise of the prerogative of mercy, and has no doubt spoken to Mr Marks in the course of the latter's recent visit to Tortola. Mr Marks submitted a Parliamentary Question on the subject on 29 October (Volume 991, Columns 294-294), put down an Early Day Notice (No 53) and also raised the matter with the Leader of the House on 11 December. Mr Marks voted against the restoration of capital punishment in the UK in the 1979 Debate.
17 December 1980
Dip
R D Clift
Hong Kong & General Department
CONFIDENTIAL