3.
8
intervene to prevent it (in the event, Ministers were not called upon to take a decision in this case, since the BVI Governor himself finally decided to commute, on the evidence of a psychiatrist sent out from London at FCO expense, who found the convicted man to have the mental age of a child).
8. The continued existence of capital punishment also represents a threat to law and order, and good government, in the territories concerned. The executions in Bermuda in 1977 (of two black men convicted of murdering a white shopkeeper) provoked serious disturb- ances in which three more people died and extensive damage was caused to property. The Governor was forced to call for British military reinforcements to be flown in from Belize and the UK, at a cost of over £600,000.
9. Nor are the risks confined to cases where executions are carried out. The Governor of the BVI felt obliged to ask for a British frigate to be standing by at the time he announced the commutation in the case referred to in paragraph 7 above. In the event (possibly because of the presence of the frigate) the demonstrations that occurred passed off peacefully. They were followed, however, by a vote of no confidence in the Governor by the BVI Government, and had it not been for the fact that the Governor was on the point of
leaving anyway this could have created a very difficult constitutional situation.
Means of Achieving Abolition
10. Abolition or suspension of capital punishment in any of the dependent overseas territories listed in paragraph 1 above could be effected by means of an enactment of the local legislature, an Act of the United Kingdom Parliament, or (except in the cases of Belize and Montserrat) by an Order in Council. In Bermuda, abolition could only be effected by Order in Council with the agreement of the local legislature. Abolition by Order in Council would also be possible in
Anguilla.
11. Following the suspension of capital punishment in the UK in 1965, and again following its abolition in 1969, the Governments of all dependent overseas territories where capital punishment was retained were invited to introduce their own legislation to follow the UK example. In the seven territories the Governments either declined to do so or else the proposal was defeated when brought before the local legislature. The subject has subsequently been reconsidered at least once in most of the territories; invariably, the decision has been in favour of retention. There is thus little possibility that any of the seven territories could be persuaded to abolish capital punishment voluntarily.
12.
In the Cayman Islands, the Turks and Caicos Islands and Hong Kong, the Governor could be instructed by HMG to force a bill through the local legislature under his reserved legislative power (or by use
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