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機密。
II)
- 2
AN INSTRUCTION TO GOVERNORS TO INTRODUCE LEGIS-
LATION TO ABOLISH CAPITAL PUNISHMENT.
IN BERMUDA AND BELIZE THE GOVERNOR HAS NO POWERS TO · INTRODUCE SUCH LEGISLATION HIMSELF. IT MAY BE THAT THERE IS NO SIMILAR LIMITATION IN LESS CONSTITUTIONALLY ADVANCED TERRITORIES. SUCH LEGISLATION WOULD BE OF A TRANSCIENT NATURE, CAPABLE OF REPEAL, PERHAPS ON CONSTITUTIONAL EVOLUTION AND CERTAINLY ON INDEPENDENCE,
III)
ACT OF PARLIAMENT TO ABOLISH CAPITAL PUNISHMENT.
THE UK PARLIAMENT COULD LEGISLATE UNILATERALLY TO A BOLISH CAPITAL PUNISHMENT IN THOSE DEPENDENT TERRI- TORIES WHERE IT IS STILL RETAINED. IT WOULD OVERCOME THE PRESENT SITUATION WHEREBY THE 'DEATH PENALTY IS RETAINED ON THE STATUTE BOOK IN DEPENDENT TERRITORIES, ITS EXERCISE BEING ADMINISTRATIVELY AVOIDED IN THE UK, IT WOULD ALSO HAVE THE ADVANTAGE OF MAKING IT CLEAR TO THE GOVERNMENTS AND PEOPLE OF THE DEPENDENCIES THAT THE DEATH PENALTY WILL BE IN SUSPENSE WHILE THEY REMAIN DEPENDENCIES OF THE UK.
IV)
LEGISLATION BY ORDER IN COUNCIL.
AS AN ALTERNATIVE TO AN ACT OF PARLIAMENT LEGISLATION MAY BE ENACTED BY ORDER IN COUNCIL TO ABOLISH CAPITAL.. PUNISHMENT IN RELATION TO ANY OF THE TERRITORIES CON- CERNED.
V)
PARLIAMENTARY STATEMENT BY SECRETARY OF STATE - ABROGATING THE QUOTE CREECH JONES UNQUOTE DOCTRINE.
HENCEFORTH THE QUOTE CREECH JONES UNQUOTE DOCTRINE WOULD NO LONGER BE REGARDED AS THE CRITERION GOVERNING THE FUTURE EXERCISE OF THE PREROGATIVE OF MERCY. WHERE THE GOVERNOR OF A TERRITORY DECIDES NOT TO EXERCISE THE PREROGATIVE THE SECRETARY OF STATE WOULD HIMSELF CON~: SIDER ALL THE RELEVANT CIRCUMSTANCES, INCLUDING THE RE- PUGNANCY OF PARLIAMENTARY TO CAPITAL PUNISHMENT, BE- FORE MAKING A RECOMMENDATION TO THE QUEEN,
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