SECRETARY OF STATE
Summary of Submission Below...
Problem/Background
HKG380/2
DEC 1980
INDEX
NO
BBR
39
1.
Two possible capital sentences in British Virgin Islands, one in Turks and Caicos.
2. Governor of BVI personally opposed to capital punishment: thinks it unfair that Governor (he is a DS Counsellor) should take decision which in UK was taken by Cabinet Minister; and anomalous to retain capital punishment in Dependencies when abolished in metropolis power. Governor Davidson may resign: was told on appointment in 1978 that Governor's aim was to avoid executions.
3.
Virgin Islanders in favour. Commutation could cause violent protests. Principle of allowing Dependencies to manage internal affairs.
4. Governor of Hong Kong thinks formal abolition would lead to serious protests there (though no executions since 1973).
5. Options
(a) Westminster legislation to abolish CP.
(b) Westminster legislation to transfer final decision to Secretary of State
(c) Allow Governors to decide on grounds of conscientious objection with full support of HMG.
(d) Refer to Judicial Committee of Privy Council
(e) Change composition of local "mercy committee" to give different bias to advice to Governor
(f) External advisory body.
Comment
(a) Requires change of overall policy.
(b) As above
(c) Conflicts with Governors' oath. Legal Advisers object.
(d) Misconceived.
(e) Possible, but perhaps not practicable in all
territories.
(f) Local governments
would oppose. Retrogressive. Like (e) would not necessarily work out.
Maintain policy of non-intervention Warn Cabinet colleagues by minute
6. Recommendations
(1) (ii)
(iii)
(iv) (v)
Discuss problem at Caribbean Governors' Conference in Jan 81 Warn future Governors of possible conflict with conscience Promise to support Davidson in his decision, if
necessary with a frigate.
28 November 1980