TNAG-0554-FCO40-649-Review-of-death-sentence-in-Hong-Kong-1975 — Page 195

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

7323 D073615 280M 4/74 Cr.P.C. 839/3

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No.

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

DRAFT

LETTER

To:-

Russell Johnston Esq IF House of Commons

Type 1 +

FROM

Kiss Lestor Telephone No. Ext.

Restricted. Unclassified.

PRIVACY MARKING

In Confidence

Department

]. I am replying to your letter of 28 February to David Ennals about capital punishment in our Dependent

Territories.

2.

Capital Funishment for murder is still retained in those Dependencies whose elected legislatures have expressed a desire to keep it. They are:

Belize

Turks and Caicos Islands

liontserrat

British Virgin Islands

Cayman Islands

Bermuda

As you know capital punishment was abolished in the United Kingdom (but not in the Isle of Man or the Channel Islands) on a free vote in Farliament, and it was therefore logical to allow the elected legislatures in the Dependent Territories the same right of decision We know from recent enquiries that public opinion in these Territories, reflected in their elected legislatures, remains strongly in favour of the retention of capital punishment. The governments of these territories have a very considerable degree of autonomy in internal affairs, and it would certainly give rise to a constitutional crisis if HMG were to seek to impose abolition of capital punishment on them by Act of Parliament or Order in Council in the face of the strongly held views of their legislatures.

3. The Queen's Frerogative of Mercy is delegated to the Governor of a Dependent Territory which retains capital punishment, and rests in his undivided discretion, although before taking his decision whether a sentence of death should be commuted or carried out,

1.

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