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f. In the case of option i. it would probably be necessary to
create a Mercy Committee to advise the Secretary of State.
E. The Attorney General felt strongly that abolition of capital punishment should be carried out by primary legislation. The use of an Order in Council for either Option would be criticised as an executive act and
not a substantive Act of Parliament. One of the main arguments against legislation was that it would take time to completo and that the case
of the two convicted murderers in Bermuda did not allow us such
flexibility.
In addition, there were likely to be objections to
the British Parliament logislating for Dependencies at an advanced
stage of political development.
h. It would be preferable to re-group the five options so that the
options with the objective of abolishing capital punishment were placed together (options ii. iii. and iv.). Options i. and v. might be placed in a separate paragraph. The point should be made that
selection of either of these options would lead to a situation
similar to that obtaining in the Channel Islands and the Isle of Man.
i. In the section arguing the case for change the paper might refor
to those dependent territories in which capital punishment had already
been abolished.
j. The conclusion might offer Ministers three options: firstly they
might be offered abolition of capital punishment by legislation which
had the advantage of universality. If Ministers found logislation
objectionable, but considered that it was still desirable to preserve
the principle of universality, then they might wish to consider option 10v.
However if it was accepted that universality was not essential, then
Ministers could be offered a combination of options 101. and 10v.
Hong Kong could be included or excluded.
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