CONFIDENTIAL
Its effect would be to delegate The queen's prerogative beyond the Governor, who is Her personal representative, to local ministers. This would not be appropriate until the territory achieves or is on the point of achieving independence.
9.
The only other Dependent Territory which retains capital punishment is Hong Kong in which there is no elected legislature. In one case there in 1973, notwithstanding the "Creech Jones Doctrine", the then Secretary of State advised The Queen to exercise Her residual prerogative to reprieve a condemned murderer in whose favour the Governor had not felt able to exercise his delegated prerogative. Subsequently, in June 1974, Lord Goronwy Roberts told the Governor of Hong Kong that he did not think that it would be possible for Ministers of either party in the UK to allow another execution in Hong Kong. There are however undeniable difficulties in excluding Hong Kong from the application of the 'Creech Jones doctrine', because of the local opinion there in favour of capital punishment.
Recommendation
10. I recommend that in the case of the 6 Dependent Territories where capital punishment is retained and which have elected legislatures the secretary of State should continue to be guided by the Creech Jones doctrine".
11.
Dependent Territory Departments and Legal Advisers have been
consulted.
4 March 1975
c.c. Mr Cox
lir Freston Caribbean
WIAD
Er 'Keeffe HICD
Mr Bullock IDTD
Mr Bickford Legal Advisers
3
J.S. Campin
J S Champion
Gibraltar & General Department
T
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