TNAG-0599-FCO40-747-Capital-punishment-in-Dependent-Territories-1977 — Page 123

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

an indurdul

Miss Stoddant. W..A.D.. I undiusland that at an Stanley's meciing on 25 Afuil it

your aqued thyl Geographical Defte would ligh bensgature of Mency cases. Thembing Ear Farzing this tok Cory to ul.L.A.D fa action.

RESTRICTED

QUOTALA VERUNT

1.1 yout

DGO 1/1

2. A sulmissan may held, & refer to the last hanging in a D.r. Dan Wing confirm hava b. If not me she telegrafh Bui Deputy Governor's Office

De detailing It to Me Bichland fummalin.

3. I

Tigger fo submission?

HSH Stanley Esq CMG

hs29/4

Foreign & Commonwealth Office W. Willen,

w.brillen

RECEIVED IN

REGISTRY No. 74

du.

J. Juster

HRAD K270

April, 1977 3/5/>). JARST ADELYS 553/5 1. speak.

Diy

ap

Advisens

We shall have to wait for

anowar from į

an anower 7A

Drear Harry,

- 3 MAY 1977

нка 3801

Leyal

P/A (we avont Legal Adusen jakes

comments).

J.J.3/5

You will by now have seen, principally from my telegrams no. 60 and Personal 10 of 25 Aphanindy

I proposed telling the Prerogative of Mercy Committee today that I should be accepting its advice that the law take its course in both Burrows' and Tacklyn's cases. I duly did so this morning, agreeing with members that a short announcement shall be made next Monday afternoon (the two prisoners having themselves been informed immediately beforehand), and that editors shall be given an off-the-record background briefing both about the legal position and about the reasons for the decision taken.

2.

You will also have seen from my telegram no. 61 of 26 April that Tacklyn's lawyer has given notice of his intention to apply for special leave to appeal. There will in consequence naturally be a stay of execution in both cases, until the application has been considered

unless his Tawyer fails to take the necessary action to proceed with it.

3.

I need hardly say that I took my decision only after a great deal of anxious thought and that I was unhappy to take it. But the more I thought about the matter, the more conclusive I found the arguments

that :

4.

(a)

a decision to reprieve in these two particular cases would amount to the De Facto abolition of capital punishment in Bermuda; and

1

(b) having as Acting Governor sworn an oath to "do right to all manner of people after the laws and usages of Bermuda

I cannot properly seek in effect to

"

set aside a recent decision of the local legislature.

You may wish to know that I have today received a telegram from Amnesty International, urging commutation. A copy of it is attached. In the circumstances outlined above I have not sent any reply.

1

14

RESTRICTED AND PERSONAL

Cont'd

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