TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 129

Sir Duncan Watson

CONFIDENTIAL

40

PREROGATIVE OF MERCY

1.

The attched draft note seeks to summarise the amendments proposed to the draft note circulated under Mr Grattan's minute of 30 April.

2. In the time available it has not been possible to check the constitutional provisions for all Dependent Territories. But in the case of British Honduras, Bahamas and Bermuda it appears that the Governor has no powers to introduce legislation unless it relates to the subjects covered by his reserve powers.

3. In the BVI, Turks and Caicos Islands and Cayman Islands, changes in legislation can be effected either by Order in Council or by the use of reserved powers in the local Constitution.

4.

There are unofficial majorities in all the Dependent Territories, which still retain capital punishment in their legislation.

1 May 1973

Cc: Mr Larmour

Mr Stuart HKIOD

Mr Scanlon

Mr Watts Legal Adviser'

D Blain

Gibraltar and General Department