TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 148

CONFIDENTIAL

Reference

HKC 380/1

(78)

1972

(76)

Mr Levoir

CAPITAL PUNISHMENT

1.

As you know, Mr Stewart wants to be fully prepared for the work of the inter-departmental committee that may be set up to consider the Secretary of State's memorandum (DOP (77) 19 of 15 July). So far as I am aware, a decision has still to be taken to establish such a committee but I think we should assume that further action in one form or another will be initiated.

2. There are three points which we might try to clear up: -

(i)

the precise nature and implications of the under- taking given by the then Secretary of State at the 1966 Bermuda Conference that he would not advise an amendment to the new constitution to the territory without consulting the Bermuda Government (paragraph 8 (b) of Mr Stewart's submission of 27 May). Mr Stewart has asked Mr Bickford for a copy of the 1966 report. Once we have it, we should look into this point in more detail.

(ii) the dates on which the last executions were carried out in the dependent territories still retaining the death penalty. We know the position in Bermuda (1943), Hong Kong (1966) and the BVI (2-1975). ́If, as I think Mr Jasper's enquiries of DTDs' earlier this year showed, we are not certain when the last executions were carried out in Belize, the Caymans, Montserrat and the Turks and Caicos we might send a routine telegram to Governors enquiring about the position. Subject to Mr Stewart's advice we might say that we would like to have this information in connection with a review that we are conducting into capital punishment in dependent territories. This would help to prepare Governors for any decisions that might eventually be reached. Mr McEntee knows already of the review and we might add a sentence or two to the telegram to Belize explaining that the issues have been brought to the attention of Ministers but that no decisions have yet been taken. (Incidentally, I have not seen the ordinary distribution copies of Mr McEntee's telegram yesterday reporting that he had commuted the death sentence on Leopold Jones. Please make sure that MCD see this telegram).

Yes.

I

(iii) the position about the death penalty in Rhodesia. think we must expect any further inter-departmental consultations to cover all possible implications of the Secretary of State's proposals. If that happens, it will probably be necessary for Rhodesia Department and their Legal Adviser to attend meetings but I think it would be useful if we were to familiarise ourselves in general terms with the position in Rhodesia. I think it was Mr Steel, Legal Advisers, who wrote a minute, before the Secretary of State finalised his minute to his colleagues in DOP,saying that our proposals ought not to create difficulties over Rhodesia. We might look at this minute again. In addition, there has been Mr Hooley's motion on "Executions in Rhodesia" which was debated under the Consolidated Fund Bill proceedings on 28 July. We

requested might get hold of a copy of the brief that was done for Mr Luard

- I saw a copy of it lying in his Private Office yesterday

aladred.

and an

/extract

-

CODE 18-77

SS 10/76

CONFIDENTIAL