TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 68

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

E.R.

to the Cabinet (CP(56)43) proposing to make the following statement:-

"It would be wrong for the Secretary of State for Scotland and me to abrogate capital punishment by administrative action in anticipation of the amendment of the law or to fail to apply our minds to the circumstances of each particular case. In considering, as each case comes before us, whether to recommend the exercise of the Royal Prerogative of Mercy, we shall continue to give full weight to all relevant considerations, including the views on the subject of capital punishment expressed in this House."

The Cabinet decided that the second sentence should be amended to follow

the terms of Mr Chuter Ede's statement, so that any special reference to the

views of the House of Commons would be omitted. The Home Secretary made the

agreed statement on 23 February 1956 and a statement in the same terms was

later made by Sir Frank Saskice on 23 December 1964, after the introduction

of Mr Silverman's Murder (Abolition of Death Penalty) Bill, for which

Government time was made available. The Bill became law in November 1965,

suspending capital punishment for murder for an initial period of five

years, but this was extended indefinitely by Parliament in December 1969.

4 The numbers of reprieves and executions between 1954 and 1965 were as

follows:-

1954 55

56 57 58 59

60

61

62

13

63

64 65

Reprieves

Executions

10

15

15

26 18

5

1

3

2

1

2

3

18

12

2

4

6

3

7

3

2

2

These figures show that a reprieve was granted in every case considered

during the specific periods when amending legislation was before Parliament

but the reprieve was in no case automatic; in every instance a full

submission was made to the Home Secretary setting out the circumstances of

the offence and suggesting reasons for commuting the death sentence other

than the current Parliamentary discussion.

The Channel Islands and the Isle of Man

5

Capital punishment has been abolished in Guernsey but not in Jersey

or the Isle of Man. The main procedural difference between the exercise of

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