TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 153

CONFIDENTIAL

ccal pp

73

LORD

CHANCELLOR

RECEIVED IN

w millen

REGISTRY NISTER

27 JUL 1977

HKG 380/1

73

HEAD.

Jeels

Jods a ps/Pus

PS

PS/PUS

My Contazzi

HOUSE OF LORDS,

SWIA OPW

R+R &

Joh. Handley 25th JuŊ 1977

Mr. Backford

Capital Punishment in the Dependent Territories

23/7

have seen the letter which sets out the Attorney General's views on the constitutional aspects of this matter and I am in general agreement with them. I am convinced that it would be wrong to seek to secure abolition of the death penalty in the dependent territories by the use of the Royal Prerogative. If that result is to be achieved it ought, in my view, to be done by direct legislation for that purpose, whether introduced locally, or at Westminster.

If the legislatures of the territories concerned persisted in their refusal to introduce appropriate legislation, we should then have to consider a UK statute. But this raises difficult questions both of principle and of timing which need very careful examination.

I presume that we should have a clear majority for such legislation in the House of Commons simply on the basis that the death penalty is objectionable in all circumstances and should be abolished in any territory for which the UK Parliament has power to legislate. It nevertheless seems debatable whether it would be politically expedient, as a matter of principle, to override public opinion in the territories concerned and the views of the local legislatures on a matter of this importance. It could arouse a great

deal of resentment and criticism.

Moreover, there is an important question of timing.

I understand that one of the two Bermudan murderers referred to in the Foreign and Commonwealth Secretary's memorandum stands bonvicted of the murder of the Governor and his ADC while the