TNAG-0599-FCO40-747-Capital-punishment-in-Dependent-Territories-1977 — Page 112

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of a dependent territory decides not to exercise the prerogative

of mercy, himself considers the case having regard to all the circumstances considered relevant by him, including the repugnancy of Parliament to capital punishment, before making a recommendation to The Queen;

(b) that a parliamentary statement should be prepared giving

notice that the Creech Jones doctrine is no longer regarded

as the criterion which will, in future, govern the exercise of the prerogative of mercy, and that in future the procedure in (a) above will be adopted

11. I have had made extra copies of this submission and attachments

in case Mr Rowlands should wish to consult his ministerial

colleagues in the Office before putting the matter to the Secretary

of State. The Department's Legal Adviser and WIAD concur. MCD have recorded some reservations at the recommendation, embodied in

Mr Collins' minute attached.

27 May 1977

O.ß. Steunt.

J A B Stewart

Hong Kong & General Dept

Cc:

Mr Preston (MCD)

Mr Duff (WIAD)

Mr Bickford (Legal Advisers) Research Department

Mr Stewart's submission, prepared with all the care the subject deserves, is in two parts: it invites Ministers to decide that the death penalty should no longer be imposed in dependent territories (paragraphs 4 to 7) and then discusses, if they so decide, how to effect the decision (paragraphs 8 and 9).

2. I support the recommendations in paragraph 10.

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13. As