CONFIDENTIAL
ESSENTIAL FACTS
CAPITAL PUNISHMENT
1. The Creech Jones doctrine has been applied for very many years
to those Dependent Territories where capital punishment is still
retained under local law. It continues to be applied except for
Hong Kong.
2. In 1973 Sir Alec Douglas-Home felt obliged to prevent an
execution in Hong Kong at a time when Parliament was considering
capital punishment in Northern Ireland. This later led to a
with F statement in the Hong Kong Legislative Council on 6 November 1975
to the effect that the Secretary of State could not recommend
D
E
The Queen to reject a plea for clemency from any condemned man whilst
feeling in the Commons was against capital punishment. Since 1973
the Governor of Hong Kong has commuted each death sentence and the
Executive Council has concurred (although some members have on
occasion abstained).
3. Subsequent to the execution in Bermuda in 1977 of two murderers,
which had provoked strong opposition, Ministers considered whether it
was time to abrogate the Creech Jones doctrine. They decided to
defer a decision on policy in the matter. The PUS wrote on 4 April 1978
informing Governors. The Governor of Hong Kong welcomed this decision,
as he felt any general abolition could resurrect the issue of capital
punishment in Hong Kong; he thought the Hong Kong post-1973 situation
was indefinitely sustainable.
4. In July 1978 Dr Owen decided that the Parliamentary situation
at the time did not allow a change in policy towards the Dependent
Territories.
CONFIDENTIAL
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