TNAG-0599-FCO40-747-Capital-punishment-in-Dependent-Territories-1977 — Page 109

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methods by which this policy could be implemented. There are the following two theoretical possibilities:

(a) the Secretary of State might instruct Governors to

introduce legislation abolishing capital punishment. In fact, Legal Advisers have pointed out that the Governors of Bermuda and Belize have no powers to introduce such legisla-

tion. It may be that there is no similar limitation on the

Secretary of State's authority in the case of less constitutionally advanced dependent territories but if legislation cannot be imposed on the two dependencies with which we are immediately concerned, there is little point in considering its imposition in others. There have already been two unsuccessful attempts in the past - see paragraph 3

above to persuade territories retaining capital punishment to bring their laws into line with that in the UK; there are no grounds for thinking that a further exhortation would be any more successful;

(b) the devolution of the prerogative of mercy to Governors

could be removed from them and revert to The Queen. Such a

course would have the advantage that it would not imply any change in local legislation and would avoid a situation where c.f. Hong Kong, although the Governor formally retains the exercise of the prerogative, it is seen that this

retention is ineffective. In those cases where the prerogative of mercy is devolved by Royal Instructions, the removal of the prerogative would seem to be the most suitable method of avoiding the execution of the death penalty. However, I am advised by Legal Advisers that, where the devolution is enshrined in the constitution of a dependency, the removal would need local legislation. This case affects particularly Bermuda and, as Mr Bickford has pointed out, the 1966 Bermuda Conference agreed that the Secretary of State would not advise an amendment to the new constitution without consulting

the Bermuda Government and we must assume that the Bermuda

Government, if consulted, would refuse to consider such an amendment (see paragraph 3 above).

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