TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 59

CONFIDENTIAL ## 機密

FROM HKGD, HKGD,

ANNEX A TO XCC(77)64

C(77)6

1.

AN OFFICIAL COMMITTEE HAS BEEN ESTABLISHED ON: MINISTERS INSTRUCTIONS TO LOOK INTO THE SITUATION WITH REGARD TO CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES AND REPORT ON THE NEED FOR, AND IMPLICATIONS OF,.A CHANGE OF POLICY FOR THE DEPENDENT TERRITORIES.

2.

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CAPITAL PUNISHMENT IS RETAINED IN SEVEN DEPENDENT TERRITORIES: BELIZE, BERMUDA, THE BRITISH VIRGIN ISLANDS, THE CAYMAN ISLANDS, MONTSERRAT, THE TURKS AND CAICOS ISLANDS AND HONG KONG (AS WELL AS IN THE CHANNEL ISLANDS AND THE ISLE OF MAN). POLICY AT PRESENT IS GOVERNED BY

· THE QUOTE CREECH JONES UNQUOTE FORMULA OF 1947 WHEREBY THE SECRETARY OF STATE DOES NOT ADVISE THE QUEEN TO INTERVENE IF A GOVERNOR DOES NOT EXERCISE THE PRERO- GATIVE OF MERCY, UNLESS' THERE HAS BEEN AN EVIDENT MIS CARRIAGE OF JUSTICE. THE FORMULA WAS BREACHED IN HONG : KONG IN 1973, BUT REMAINS UNDISTURBED IN OTHER DEPENDENT TERRITORIES. PARLIAMENT HAS IN THE MEANTIME DECIDED AMA AGAINST THE REINTRODUCTION OF THE DEATH PENALTY FOR TERRORIST OFFENCES, AND IT IS CONSIDERED THAT THE MAJORITY OF OPINION IN PARLIAMENT REMAINS IN FAVOUR OF ITS ABOLI- TION IN ALL CIRCUMSTANCES. IF DEATH SENTENCES WERE TO BE CARRIED OUT IN A DEPENDENT TERRITORY WE ESTIMATE THAT THERE WOULD BE STRONG ADVERSE REACTIONS IN WEST- MINSTER AND OUTSIDE.

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3.

IF IT IS CONSIDERED THAT THE DEATH PENALTY SHOULD NO LONGER BE CARRIED OUT IN THOSE DEPENDENT TERRITORIES

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WHERE, AT PRESENT, IT IS RETAINED, THE ABOLITION OF

CAPITAL PUNISHMENT MIGHT BE ACHIEVED BY ADOPTING ONE OF THE FOLLOWING COURSES:

I)

REMOVAL FROM GOVERNOR OF POWER TO EXERCISE PREROGATIVE OF MERCY.

SUCH A COURSE 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 AND THE CHANELLING OF ALL APPEALS TO THE SECRETARY OF STATE WOULD SEEM TO BE A SUITABLE METHOD OF AVOIDING THE USE OF THE DEATH PENALTY. HOWEVER, WHERE THE DE- VOLUTION IS ENSHRINED IN THE CONSTITUTION OF A DEPENDENCY, ITS REMOVAL WOULD REQUIRE CONSTITUTIONAL AMENDMENT.

CONFIDENTIAL

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