TNAG-0599-FCO40-747-Capital-punishment-in-Dependent-Territories-1977 — Page 128

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CONFIDENTIAL

12

HKG 380/1

Mr Stewart

DEPENDENT TERRITORIES:

1.

Plassoli

CAPITAL PUNISHMENT

I think that your draft minute may over-simplify the attitude taken by Mr Callaghan, when Secretary of State, and the significance of the announcement that the Colonial Secretary mad e on the Governor of Hong Kong's behalf in the Legislative Council in November 1975. I attach a copy of the minute that Mr Callaghan wrote on

June 1974 and the text of the relevant part of the Colonial Secretary's statement, and have amended your draft to take full account of what was said on these two occasions. I think it would also be worth including a mention of the UK Farliament's decision, taken on a free vote in, I believe, late 1975, not to reintroduce the death penalty for terrorist offences.

2. These are points of detail. In addition, I think your draft should perhaps address itself to the question whether Governors (or their equivalents) in dependent territories should be consulted before the line you are advocating is put into effect. In view of the difficulties that this line would present in all those territories where the death penalty remains in force, whether or not it is actually imposed, I think it would be right to allow Governors the opportunity to comment first. I have added a new paragraph to this effect and attempted to formulate a recommendation.

28 April 1977

D F Milton

Hong Kong & General Department

CONFIDENTIAL