TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 121

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GA 690 PRIORITY

YPHER CAT A

FM FCO 09114OZ

CONFIDENTIAL

CONFIDENTIAL

(HKG 380/1)

TO PRIORITY BELMOPAN TELNO PERSONAL 76 OF 9 AUGUST 1977. AND TO PRIORITY HAMILTON (PERSONAL) TORTOLA (PERSONAL), GRAND CAYMAN, HONG KONG, MONTSERRAT (PERSONAL), GRAND TURK · (PERSONAL).

FROM HKGD.

CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES,

1. AN OFFICIAILL COMMITTEE HAS BEEN ESTABLISHED ON MINISTERS

INSTRUCTIONS TO LOOK INTO THE SITUATION WITH REGARD TO CAPITAL

PUNISHMENT IN DEPENDENT TERRITORIES AND REPORT ON THE NEED FOR, AND IMPLICATIONS OF, A CHANGE OF POLICY FOR THE DEPENDENT

TERRITORIES.

2. CAPITAL PUNISHMENT IS RETAINED IN SEVEN DEPENDENT TERRITORIES: BELIZE, BERMUDA, THE BRITISH VIRGIN ISLANDS, THE CAYMAN ISLANDS, MONTSERRAT, THE TURKS AND CAICOS ISLANDS AND HONG KONG (AS WELL AS IN THE CHANNEL ISLANDS AND THE ISLE OF MAN). POLICY AT PRESENT IS GOVERNED BY THE QUOTE CREECH JONES UNQUOTE FORMULA OF 1947

WHEREBY THE SECRETARY OF STATE DOES NOT ADVISE THE QUEEN TO

INTERVENE IF A GOVERNOR DOES NOT EXERCISE THE PREROGATIVE OF MERCY, UNLESS THERE HAS BEEN AN EVIDENT MISCARRIAGE OF JUSTICE. THE FORMULA WAS BREACHED IN HONG KONG IN 1973, BUT REMAINS

UNDISTURBED IN OTHER DEPENDENT TERRITORIES. PARLIAMENT HAS IN THE

MEANTIME DECIDED AGAINST THE REINTRODUCTION OF THE DEATH PENALTY FOR TERRORIST OFFENCES, AND IT IS CONSIDERED THAT THE MAJORITY

OF OPINION IN PARLIAMENT REMAINS IN FAVOUR OF ITS ABOLITION IN

ALL CIRCUMSTANCES. IF DEATH SENTENCES WERE TO BE CARRIED OUT IN A

DEPENDENT TERRITORY WE ESTIMATE THAT THERE WOULD BE STRONG

ADVERSE REACTIONS IN WESTMINSTER AND OUTSIDE.

3. IF IT IS CONSIDERED THAT THE DEATH PENALTY SHOULD NO LONGER

BE CARRIED OUT IN THOSE DEPENDENT TERRITORIES WHERE, AT PRESENT, IT IS RETAINED, THE ABOLITION OF CAPITAL PUNISHMENT MIGHT BE

ACHIEVED BY ADOPTING ONE OF THE FOLLOWING COURSES:-

CONFIDENTIAL

/I)