CONFIDENTIAL
-4.-
death penalty in Southern Rhodesia after the resumption of
British authority was an important example of British policy influencing (if not formally overriding) decisions
within a dependent territory. Ministers may consider that,
since the Governor of Hong Kong believes that the present
position can be held there, it is reasonable to adopt a
similar approach to the other territories.
8.
It would also perhaps be sensible to reconsider the
position in 2 years time. It is possible tha
It is possible that By then
Syear
those territories where it is not feasible to abolish
capital punishment by Order in Council (Belize, Bermuda and
mary
Montserrat) will be either independent or clearly on the
way to independence.
This would thus leave us free to use
Orders in Council to abolish capital punishment in any of
the other territories that seemed likely to remain a
lity
British responsibility for any length of time. This
procedure would also allow us to treat Hong Kong
separately, if it seemed appropriate to do so in the
circumstances then prevailing
9.
If Ministers are not prepared to accept this
admittedly anomalous
CONASC
() letting sleeping dogs lis
I
M
of the legal and constitutinal
objections referred to in the memorandum and the
reluctance of a number of Governors demonstrably to bend
their exercise of the prerogative of mercy to UK policy
might be acculled foy
This
considerations, jala-gengniniwala be a fall-back solution.
would be to ask Governors to consider recommending to
legislatures a suspension of the death penalty for, say,
5 years. This could be represented as an experimental
device (with the tacit hope on HMG's part that it would
lead through habit to voluntary full abolition). Even this,
CONFIDENTI AL
/however
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