TNAG-0401-FCO40-447-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 83

SIR D WATSON

HX 14/7

CONFIDENTIAL

A

cc: Mr Larmour

Mr Crowson (HKIOD)

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

PROBLEM

1. In the light of Mr Grattan's minute of 15 May 1973 to

consider the options open to Her Majesty's Government in a

review of policy on the retention of capital punishment in those

Dependent Territories in which statutory provision for the death

penalty for murder still exists. (Hong Kong, the only such

territory which does not have an Elected Legislature, is the

subject of a separate submission by HKIOD).

BACKGROUND

2.

The death penalty for murder is retained in the local

legislation of Bahamas, Bermuda, British Honduras, British Virgin

Islands, Cayman Islands, Hong Kong, Montserrat and the Turks and

Caicos Islands, and in the New Hebrides, an Anglo/French

Condominium. The death penalty is also retained in the six

West Indian Associated States of Antigua, Dominica, Grenada,

St Kitts/Nevis/Anguilla, St Lucia, and St Vincent. In all these

cases the Royal Prerogative of Mercy is delegated to the Governor,

although The Queen retains a residual Prerogative of Mercy, in

exercising which She is advised by the Secretary of State.

3. At present there are four murder cases in the Dependent

Territories other than Hong Kong in which capital sentences have

been passed and in which the exercise of the Prerogative of Mercy

will fall to be considered; three similar cases are now awaiting.

/trial.

1

CONFIDENTIAL