TNAG-0601-FCO40-749-Capital-punishment-in-Dependent-Territories-1977 — Page 59

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HKG 38671

RAZIVED "TRISTRY NO. 51 27 OCT 1977

DESK OFFICER

INDEX

OFFICES

No

REGISTRY CONFIDENTIAL

PA

Action Taken

SL

Private Secretary

Priyet

cc:

PS/PUS

Mr Cortazzi

Mr Rushford

Wh.

(67)

Jurgen for 15/eme ридет

Secretary of State

عتدلها تخين

Gove

Halt

tobe his deaf

What to any

Mr Duff (WIAD) (Strictly personal)

Mr Quantrill (HKGD) (strictly personal)

19/*

هشته

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

1. At the last meeting of GEN 103 on 13 October, the

Secretary of State was invited to consider further the

Bermuda case in the light of points made during the meeting.

As requested by the Private Secretary I submit papers.

2. So far as the constitutional position in Bermuda is

concerned, after the two men were tried and convicted, the

decision was for the Governor, acting after consulting with

Bermuda's Advisory Committee on the Prerogative of Mercy.

A Note on the composition of this Committee is attached.

By a majority of five to one, the Committee advised against

reprieves (Hamilton tel No 60) and the Acting Governor told

the Committee on 27 April that he would be accepting its

advice that the law should take its course.

Thereafter,

one of the condemned men applied for special leave to appeal

to the Privy Council, which meant a stay of execution for

both men. The application was rejected on 6 October and

under the Creech Jones doctrine the Secretary of State now

has no choice, as he said at GEN 103, but to advise The

Queen to let the law take its course unless he can conclude

-

CONFIDENTIAL

/that

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