TNAG-0599-FCO40-747-Capital-punishment-in-Dependent-Territories-1977 — Page 36

CONFIDENTIAL

•WSD

Private Secretary

DEPENDENT TERRITORIES:

1.

CAPITAL PUNISHMENT

5 I have seen a copy of the PUS's minute of 7 July covering the revised draft of a minute from the Secretary of State to the members of DOP and the Lord Chancellor.

2.

I have not previously seen papers on this matter, although I believe that some of my colleagues have been consulted. There is one point of substance to which I would draw attention. The draft minute draws attention to the fact that capital punishment is retained in seven dependent territories. It is of course also the case that capital punishment is retained in Rhodesia. I do not know what consideration has been given to how the proposed new policy would apply if we were able to establish a caretaker administration in Rhodesia with a resident (British) Commissioner entrusted with certain executive powers. The prerogative of mercy has to vest in someone. In the circumstances of a caretaker administration, would it vest in the (British) Commissioner? If so, it may be that what is proposed in the draft minute would apply equally in relation to the exercise of the prerogative of mercy within the framework of a caretaker administration for Rhodesia. I simply draw attention to this point which does seem to merit further consideration.

3.

The only other point which I would wish to raise is a minor procedural point. If a copy of the draft minute is to go to the Lord Chancellor, I think that a copy ought also go to the Attorney-General.

RECEIVED IN REGISTRY No. 51

8 July 1977

c.c.

1

HKG 3807

PS/Mr Rowlands

PS/PUS

Mr Stanley

Mr Stewart

Lon Sunwer

Ian Sinclair Legal Adviser

CONFIDENTIAL