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DRAFT CONTINUATION
DSR 11C (Revised 12/89)
alternative sentences they would propose if
the Governor commutes a death sentence but
not whether the sentence itself should be
commuted).
Because other Dependent Territories have
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MARKING
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elected legislatures it would be constitutionally
improper to ignore their wishes by executive action.
The Hong Kong precedent does not provide a
solution.
7.
Timing.
In Bermuda, the government is committed to
an advisory referendum on capital punishment to be held
on August 31. It is possible that the result will be a
messy one (a low
(a low poll) with a small retentionist
majority. If the opposite were to happen which we
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judge unlikely it would not therefore be necessary to
pass primary legislation in Britain to abolish in
Bermuda, as Sir John Swan has indicated that he would be
prepared to abide by the wishes of the majority if there
were a popular vote in favour of abolition.
The
Secretary of State told Swan in January that the
retention of the death penalty in Bermuda caused us
difficulties.
We cannot however, wait until the Bermuda
vote is known before deciding whether to proceed along
the course I recommend. Furthermore, even if the
referendum in Bermuda were to solve our problem there, we
would still be faced with the five Caribbean territories
for whom an Order-in-Council which could be debated
would be required.
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8.
If our aim is to
to abolish capital punishment in the
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