TNAG-0599-FCO40-747-Capital-punishment-in-Dependent-Territories-1977 — Page 130

Mr Levoir

APITAL PUNISHMENT:

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BERMUDA

HICG 380/1

P/A JJ3/5

11. We spoke about the Deputy Governor of Bermuda's letter of 14 April to Mr Stanley with which he has enclosed copies of the papers being made available to the Advisory Committee in connection with the Tacklyn/Burrows cases. We since know from Hamilton telegram no. Personal 9 of 19 April that the Advisory Committee has had a preliminary discussion of these cases and till meet again on 22 April.

2. As you will see, ir Preston has minuted on Mr Lloyd's letter that "This is not now for MECD". In the light of Mr Preston's remark, Mr Stewart is not clear where departmental responsibility lies in the event of action being required in connection with the Tacklyn/Burrows cases. Action could arise, so it seems to me, in the event either that a petition is made to HM The Queen to commute In the death sentences, or if the law is going to take its course. the first eventuality the Secretary of State would have to advise HM The Queen and a submission would be required in that connection. In the second eventuality, the question could arise, I imagine, of whether the Secretary of State should intervene in some way with a view to preventing the law from taking its course. We ought therefore to

the choice can clearly only lie try to clarify which department between M&CD and HKGD - is to take the necessary action in either of these eventualities.

G

The

3. It seems to Mr Stewart and myself that it will be difficult for HKGD to initiate a draft submission in either of the eventualities I have hypothesised since we do not have sufficient detailed information about the judicial and political circumstances in Bermuda which would have to be taken into account. department responsible for Hong Kong, for example, has taken action in the past when capital punishment issues in Hong Kong have arisen, consulting the Legal Advisers and the General Section as necessary. Unless you know of good reasons as to why individual geographical departments within the DTD should not make themselves responsible for submitting cases arising in their territories, I think we should ask M&CD to take the lead in any action which may be necessary in connection with the Tacklyn/Burrows cases. Mr Stewart accepts that it would be up to HKGD to formulate any advice to Ministers on policy generally in the exercise of the death penalty in dependent territories, but that, as I see it, does not necessarily arise from the Bermuda cases (or the outstanding cases in Belize).

4.

If you agree, I think that Mr Lloyd's letter and its enclosures should be sent to M&CD for retention and against possible action at a later stage. In any case, we shall have to leave it to M&CD to let the Deputy Governor of Bermuda know whether the Tacklyn/Burrows ca cases are raised by the Premier of Bermuda during his visit to London.

WIAD in fact cleal with B. now

and it was agreed at-

Stamky's weekly meeting

M

25/4 'that' WHAD wel fake thit on

20 April 1977

DF Milton

Hong Kong & General Department 233 4381 K 247

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