TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 161

Hong Kong (paragraph 3)

CONFIDENTIAL

4. In 1973 the then Secretary of State recommended a reprieve for Tsoi Kwok-cheong contrary to the "Creech Jones" formula in view of strong feelings expressed at the time in Parliament on the death

penalty and its imminent abolition in Northern Ireland. The fact that the Legislative Council in Hong Kong is not an elected body and

cannot properly represent public opinion was also a factor.

The Alternatives (paragraph 4)

5. i) Removal from Governors of power to exercise prerogative

of mercy

Such a course would have the advantage that it would not imply any change in local legislation and would avoid

the situation whereby a Governor's retention of the prerogative is seen locally to be ineffective. In those cases where the prerogative of mercy is devolved by Royal

Instructions its removal would seem to be the most

suitable method of avoiding the use of the death penalty.

However, where the devolution is enshirined in the

constitution of a dependency, its removal would require constitutional amendment.. Moreover, such an amendment

would be abhorrent to the local government and the British

Government would have to make it unilaterally in the face

of such opposition. No amendment could be made to the

Bermuda Constitution without consulting the Bermuda Government which, it must be assumed, would refuse to

consider it.

ii) An instruction to Governors to introduce legislation to

abolish capital punishment

In Bermuda (and Belize where the Governor is likely to be in a position to commute in an outstanding capital case) the Governor has no powers to introduce such legislation himself. It may be that there is no similar limitation in less constitutionally advanced territories

but if legislation cannot be imposed in the dependencies with which we are immediately concerned, there is little

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CONFIDENTIAL