TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 103

96

CRS 732

PRIORITY

CYPHER CAT A

FM GRAND CAYMAN 121945Z

CONFIDENTIAL

CONFIDENTIAL

A

RECEIVED IN REGISTRY. No. 51

1 5 AUG 1977

HKG 38071

TO PRIORITY FCO TELNO 125 OF 12 AUGUST

705

TOP CORY

YOUR TELNO PERSONAL 76 OF 9 AUGUST TO BELMOPAN AND OTHER

POSTS CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

1. MY VIEW SUPPORTED BY PREVIOUS OBSERVATIONS ON THE SUBJECT

BY POLITICIANS AND MEMBERS OF CAYMANIAN PUBLIC IS THAT

THERE WOULD BE STRONG ADVERSE REACTION TO ABOLITION

OF CAPITAL PUNISHMENT IN CAYMAN ISLANDS. DEATH SENTENCE AT

PRESENT MANDATORY ON CONVICTION FOR MURDER UNDER PENAL

CODE UNLESS CONVICTED PERSON IS UNDER 18 OR IS A

PREGNANT WOMAN.

2. COURSE 3(B) IS LIKELY TO LEAD TO REJECTION

OF A BILL TO ABOLISH DEATH PENALTY BY LEGISLATIVE ASSEMBLY

WHILE GOVERNOR'S RESERVED POWER TO DECLARE THE BILL

TAKE EFFECT AS PASSED UNDER SECTION 38 OF THE CONSTITUTION

COULD BE EXERCISED THIS WOULD SEVERELY DAMAGE GOVERNOR'S

RELATIONSHIP WITH MEMBERS OF THE ASSEMBLY AND CAYMANIAN PUBLIC

AND UNITED KINGDOM RELATIONSHIP WITH THE COLONY,

3. IF COURSE 3(C) OR (D) WERE ADOPTED WITHOUT CONSULTATION

THIS WOULD GIVE SUBSTANTIAL POLITICAL OFFENCE. IF THERE

WERE PRIOR CONSULTATION ASSEMBLY WOULD IN ALL LIKE-

LIHOOD REFUSE TO ENDORSE PROPOSALS. END RESULT WOULD BE SEVERE:

DAMAGE TO RELATIONSHIPS AS FOR COURSE 3(B).

4. COURSE 3(E) IS SEEN AS MORE CUMBERSOME ALTERNATIVE

TO 3(A) AND INVOLVES LONGER DELAY FOR ANNOUNCE-

MENT OF FINAL DECISION TO PERSON UNDER SENTENCE. IT IS STILL PREFERABLE TO 3(B), 3(C) AND 3(D).

CONFIDENTIAL

/5. WHILE