TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 110

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

96

CYPHER/CAT A

FM BELMOPAN CONFIDENTIAL

CONFIDENTIAL

102310Z

UK COMMS ONLY

RECEIVED IN

REGISTRY No. 51

í 1 AUG 1977

HKC 380/1

TO ROUTINE FCO TEL NO.PERSONAL 82 OF 14 AUGUST

FOR STEWART, HKGD

1100)

YOUR PERSONAL 76: CAPITAL PUNISHMENT

TOP COPY

1. YOUR TELEGRAM CROSSED WITH MY LETTER TO YOU OF 8 AUGUST WHICH SHOULD REACH YOU BY ABOUT THE END OF THIS WEEK. I HAVE THE

FOLLOWING ADDITIONAL COMMENTS:

2. FIRSTLY

FIRSTLY, I HAVE NO DOUBT THAT THE ABOLISHMENT OF CAPITAL PUNISHMENT WILL BE ILL RECEIVED. THERE IS A GENERAL BELIEF THAT IT IS THE ONLY REAL DETERRENT TO CALLOUS VIOLENT CRIME. CRIME IN BELIZE IS A PROBLEM AND BECAUSE OF DRINK TENDS TO BE VIOLENT. ALSO THE SANCTITY OF LIFE IS NOT SO STRONGLY REGARDED IN BELIZE AS IT IS IN THE UK. ON THE OTHER HAND IT IS NOW GENERALLY ACCEPTED THAT THOSE GUILTY OF MURDER IN THE COURSE OF MARITAL QUARRELS ARE REPRIEVED. SO, WHEREAS I BELIEVE THAT THERE WOULD PROBABLY BE STRONG OPPOS- ITION I THINK COULD GET IT ACCEPTED THAT WHILST BRITAIN RETAINS ULTIMATE RESPONSIBILITY FOR THE TERRITORY SHE HAS THE RIGHT TO IMPOSE HER STANDARDS UNTIL THE DAY OF INDEPENDENCE.

3. AS REGARDS IMPLEMENTATION, I THINK THE IMPORTANT THING IS TO ADOPT A METHOD WHICH LEAVES NO DOUBT AS TO WHAT THE BRITISH GOVERNMENT'S INTENTION REALLY IS, 1.E. TO ABOLISH CAPITAL PUNISHMENT. FOR THIS REASON I DO NOT FAVOUR METHODS (1) OR (V) UNLESS THEY ARE ACCOMPANIED BY A PARLIAMENTARY STATEMENT THAT THE INTENTION WAS TO RECOMMEND REPRIEVE IN ALL CASES. AS FAR AS METHOD (V) IS CONCERNED THERE WOULD, IN MY OPINION, BE NO POINT IN LEAVING THE GOVERNOR THE POWER TO EXERCISE THE PREROGATIVE, IF IN EVERY CASE WHEN HE DID NOT REPRIEVE, THE SECRETARY OF STATE ADVISED THE QUEEN TO DO SO. AFTER THIS HAD HAPPENED A FEW TIMES I CAN ENVISAGE MY MERCY COMMITTEE WALKING OUT BECAUSE THEIR ADVICE WAS

NEVER TAKEN,

4. METHOD (11) DOES NOT APPLY IN BELIZE.

5.

METHODS (111) AND (IV) BOTH SEEM REASONABLE SOLUTIONS. WE MIGHT

NOW FACE CRITICISM THAT WE WERE INTERFERING IN INTERNAL AFFAIRS, THE RESPONSIBILITY OF THE BELIZE GOVERNMENT, BUT THIS IS NOT REALLY A TENABLE ARGUMENT BECAUSE THE END RESULT OF OUR LEGISLATION WOULD BE TO ABOLISH A POWER AT PRESENT DEVOLVED TO THE GOVERNOR AND

RETAINED BY THE QUEEN.

CONFIDENTIAL

16. MY ADVICE

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