TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 102

GPS442 PRIORITY

CYPHER CAT A

FM TORTOLA 121852Z

CONFIDENTIAL

RECEIVED IN REGISTRY No. 51

1 5 AUG 1977

HKG 38071

UP COPY

(100)

CONFIDENTIAL

TO PRIORITY FCO TELNO PERSONAL 19 OF 12 AUGUST

FOR HKGD

(96)

YOUR TEL TO BELMOPAN PERSONAL 76 OF 9 AUGUST CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES

31

OPTIONS 1 OR 2 WOULD REQUIRE AMENDMENT OF BVI CONSTITUTION AND OPTION 5 IS OPEN TO OBJECTION THAT A DIFFERENT DECISION IN LONDON WOULD UNDERMINE AUTHORITY OF GOVERNOR AND WOULD PLACE LOCAL MERCY COMMITTEE IN AN IMPOSSIBLE POSITION. OPTION 5 IS LEAST OBJECTIONABLE COURSE WITH OPTION 4 AS AN ALTERNATIVE. 2. MY VIEW ON EFFECT OF POSSIBLE ABOLITION IN THIS TERRITORY IS THAT APART FROM A FEW CHURCH LEADERS IT WOULD BE UNANIMOUSLY AND VEHEMENTLY OPPOSED BY THE WHOLE COMMUNITY. INITIAL LOCAL REACTION WOULD PROBABLY NOT BE VIOLENT BUT VIOLENCE COULD ERUPT

SHOULD THERE BE A CONVICTION IN PENDING MURDER TRIAL AND SUBSEQUENT COMMUTATION, PARTICULARLY IF COMMUTATION SHOULD BE CONTRARY TO VIEWS OF LOCAL MERCY COMMITTEE.

3. THE STRENGTH OF LOCAL FEELING ON THIS ISSUE SHOULD NOT BE UNDER- ESTIMATED. IT IS BASED NOT ONLY ON BRITISH LAW 3UT ON A BELIEF THAT OUR RELATIVE FREEDOM FROM OFFENCES AGAINST THE PERSON (PARTICULARLY AS COMPARED WITH USVI) IS DUE TO RETENTION OF CAPITAL PUNISHMENT, ANY DECISION TO ABOLISH IS BOUND TO BE COMPARED ADVERSELY WITH MOVES IN THE US TO RESTORE. SUCH A DECI- SION MAY ALSO BE REGARDED LOCALLY AS INTERFERENCE IN A DOMESTIC ISSUE WHICH IS CONTRARY TO CONSTITUTIONAL STAGE REACHED BY THE

TERRITORY.

4. IN THE EVENT OF A DECISION TO PROCEED WITH ABOLITION I WOULD HOPE THAT AN ANNOUNCEMENT COULD BE DEFERRED VIITIL AFTER LOCAL MURDER TRIAL IN EARLY OCTOBER AND AFTER ROYAL VISIT ON 26 OCTOBER.

WALLACE

FILES

HKIG D

WIAD MANDCD

KES. D

MR POSNETT

LEGAL ADVISERS CABINET OFFICE

COPIES TO MK BICKFORD SIR-C.ROSE MR.G. DEWINTON MR.A.M.F. WEBB MISS. M. A. CLAYTON

CONFIDENTIAL

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