HKG 380/2
Ecé
45
CONFIDENTIAL PERSONAL
❖
Foreign and Commonwealth Office
London SW1A 2AH
12 December 1980
J A Davidson Esq OBE Governor
BRITISH VIRGIN ISLANDS
Dear Tim
HKG 3802
RECEIVED IN REGISTRY NO. 51 15 DEC 1980
DESK OFFICER INDEX
BBR
CAPITAL PUNISHMENT
1.
Please refer to my letter of 14 November in which I promised to send you the results of our submission on capital punishment policy. After very careful consideration of the general question and of the position in the British Virgin Islands, I am afraid that Ministers have decided that there are no new grounds which would justify altering the decision which they took in February this year to maintain the status quo and not to legislate on domestic matters for the dependencies against the latter's wishes. including the Prime Minister, have however been made aware of the difficulties involved for OAGS and the possible political problems which could arise in the territories concerned.
2.0
Ministers,
Whilst this will come as something of a disappointment, you may take some comfort in the knowledge that we are looking into ways in which the heavy burden which rests on Governors may be eased. It would be premature for me to go into any detail here but the subject will be on the agenda at the OAGS' Conference in January where we shall set out the results of our internal dis- cussions and seek comments, I should emphasise that any such alleviation, if it were possible, would only be procedural, ie the principle that the decision must be taken by the Governor would remain. I appreciate too that any change would probably not be made before the Bardoo/Cockburn case comes up.
30
You wrote to me separately on 20 November enquiring about a possible reform of the rules for submission of appeals to the Privy Council. While every convicted person has the right to petition the Judicial Committee of the Privy Council for special leave to appeal from a decision of a colonial court, this does not mean that such leave will automatically be granted. The Judicial Committee has to decide whether the case gives rise to a substantial issue affecting the administration of justice. It is not up to them, however, as a court of law, to consider extenuating circum- stances which could form the basis of a recommendation for mercy. That is the job of the executive, not of the judiciary.
/4.
CONFIDENTIAL