CONFIDENTIAL
H
CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES :
SUMMARY OF SUBMISSION
Problem and Recommendation
1.
HMG's attitude to the application of the death penalty in
the Dependent Territories differs as between Hong Kong, where
automatic commutation is the practice, and the other dependencies
where the law is generally allowed to take its course.with no
question of interference by HMG. It is recommended that this
situation should continue.
Background
2.
In all dependencies except Hong Kong the Creech Jones doctrine
applies. If the Governor, after consulting his local advisers,
considers that an execution should go ahead and a petition is made.
to The Queen or the Secretary of State, no attempt is made to
interfere with the Governor's decision unless a miscarriage of
justice appears possible.
3. In Hong Kong, since 1973, the Governor in Council has auto-
matically commuted death sentences. This is backed by a 1975
statement that rejection of a plea for clemency would not be
possible while feeling in the House of Commons was against capital
punishment.
4.
The difference in treatment of Hong Kong and the other
territories has recently received some attention in the Hong Kong
press but there has been no pressure for change.
Argument
5.
1
Removal of the death penalty for murder in Hong Kong from
the Statute Book would not be politically feasible. Nor would
abolition of the death penalty in the other territories.
/6.
CONFIDENTIAL