TNAG-0601-FCO40-749-Capital-punishment-in-Dependent-Territories-1977 — Page 63

CONFIDENTIAL

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penalty was then defeated by 25 votes to 9.

9. In accordance with Colonial regulations the Governor should

be consulted before the Secretary of State advises The Queen

on how to reply to a petition from the Dependent Territories.

Pending the GEN 103 discussions no action has been taken on the

petition. We must therefore now consult Sir Peter Ramsbotham

and, in doing so, we can ask him to review the case in consulta-

tion if necessary with his Advisory Committee with a view to

considering whether he should reverse the Acting Governor's

decision. A draft telegram is attached. I am bound to say,

however, that Sir P Ramsbotham will be in a difficult position

because his own consideration of the case, and eventual

recommendation, must inevitably take into account the stated

desire of the local legislature to retain the death penalty

and the overwhelming majority decision of the Advisory Committee

on the Prerogative of Mercy on the case in question.

10. Until Sir P Ramsbotham replies I see no grounds for

consulting the Law Officers as suggested in GEN 103.

11. Mr Rushford (legal adviser) concurs.

So do the Head of

WIAD and the acting Head of HKGD who have seen the papers on

a personal basis.

19 October 1977

DF Murray

CONFIDENTIAL