TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 108

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Mr Bickford

Legal Advisers

CONFIDENTIAL

AKG 386.7.1. Ака Reference... 3867

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

Please see Mr Milton's minute at foli 79.

The last sentence of the draft brief below that Minute was queried by Mr Rushford on the grounds that an Act of Parliament would not involve amendment of the Bermuda Constitution. However, would not such an Act of Parliament limit the powers confered on the Bermuda Legislature by Art. 34 of the Constitution? And would that not constitute a de facto amendment of the Constitution contrary to (or contrary to the spirit of) the 1966 Report of the Constitutional Conference (para. 17)?

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Furthermore, would not the same be true of an Order in Council? And in the case with which we are immediately concerned therefore, are the legislative solutions proposed by the Law Officers' Department really open to us?

Ubund.

D C Levoir

Hong Kong & General Dept. K 270

4072

12 August 1977

Mu Levoin

much

Me hunk ford is, of course, correct in what he says. What is being made here is, I understand, a political point. lava 17 can be und by

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we do not consult

for allyution of bad faith if over our intended legislation. The legislation would effectively make the consultativi machinery of the Advisory Committee under Artich 23 completity otrose in view of their commitment to the death penalty.

The Sovenor way

CONFIDENTIAL

of cource, ovende the Advisory Committee's advice

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