CONFIDENTIAL

statement in August 1947). I had in mind something on these lines:-

6.

Question: In the light of the decision by the House on 17 December to reject the clauses on capital punishment seeking to amend the Criminal Justice Bill, what is Her Majesty's Government's policy with regard to the retention of capital punishment in some of the Dependent Territories?

Answer: The British Government expects the Dependent Territories which elect to remain under the Crown to uphold the same standards of good government and the protection of human rights as applied in the United Kingdom. We therefore look to those territories which retain capital punishment to introduce their own legislation to abolish the death penalty for murder. In the meantime, the Government would not wish to see executions carried out in the Dependent Territories, and we expect our Governors to take note of the wishes expressed by the UK Parliament whenever they are called upon to exercise the prerogative of mercy.

In my view, the above approach would not amount to a formal instruction to Governors to commute. In theory a Governor would remain free to decide each case on its merits after receiving the advice of the Mercy Committee, but the Parliamentary statement would be an important factor which the Governor would take into account in reaching his decision. In practice however, no Governor

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