TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 42

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certain disadvantages in addition to the very palpable benefits which they gain

from their continuing connection with the United Kingdom. As for those dependencies which cannot be given independence, for reasons outside their own control, they too should be brought to accept that the links with the parent country must necessarily entail some disadvantages. One is that death sentences will not be condoned by the British Government.

Alternative Procedures

10. 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

i.

Removal from Governors of power to exercise Prerogative of Mercy

Such a course would have the advantage that it would not need any change in locally enacted 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 enshrined in the constitution of a dependency, its removal would require constitutional amendment. By agreement with Bermuda no amendment can be. made to the Bermuda Constitution without consulting the Bermuda Government which, it must be assumed, would refuse to consider it. Moreover, such an amendment would almost certainly be abhorrent to the local government and the British Government could only make it unilaterally in the face of such

opposition.

ii. An instruction to Governors to introduce legislation to abolish capital

punishment

In Bermuda, the British Virgin Islands, Montserrat and Belize (where the Governor was able to commute in a recent capital case) the Governor has no powers to introduce such legislation himself. There is no similar

limitation in the less constitutionally advanced territories, ie Hong Kong, The Caymans and the Turks and Caicos Islands, but if legislation cannot be imposed in the majority of dependencies there is little point

might well not be presintin considering h

it in relation to the others. Moreover, such legislation would be capable

of repeal. It would be seen in that light as a clear imposition of will contrary to the wishes of the inhabitants.

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