TNAG-0601-FCO40-749-Capital-punishment-in-Dependent-Territories-1977 — Page 66

PRIORITY

CYPHER CAT A

GR 200

FM FC 0 201007Z

CONFIDENTIAL

DEDIP

CONFIDENTIAL

нка

HKG 380/1

RECEIVED IN DAIRY HO. 51

27 OCT 1977

DESK OFFICER

INDEX

No

REGIS AG

PA

Action T...

Exe

159

TO PRIORITY HAMILTON TELNO PERSONAL 33 OF 20 OCTOBER

FOR GOVERNOR'S EYES ONLY.

CAPITAL PUNISHMENT.

1. NOW THAT THE ADVISORY COMMITTEE OF THE PRIVY COUNCIL HAS REFUSED TACKLYN'S APPLICATION FOR LEAVE TO APPEAL, I HAVE TO CONSIDER WHETHER THERE ARE ANY FURTHER GROUNDS FOR ADVISING THE QUEEN THAT THE LAW SHOULD NOT TAKE ITS COURSE.

2. IN ALL THE CIRCUMSTANCES SURROUNDING THIS AFFAIR IT WOULD NOT BE RIGHT FOR ME TO ADVISE THE QUEEN WITHOUT ASKING YOU TO REVIEW THE CASE, IN CONSULTATION IF NECESSARY WITH YOUR ADVISORY COMMITTEE, WITH A VIEW TO CONSIDERING WHETHER THERE ARE GROUNDS FOR YOU TO REVERSE THE ACTING COVERNOR'S DECISION THAT THE LAW SHOULD TAKE ITS COURSE. A FURTHER POINT IS THAT I MUST ASK FORMALLY FOR YOUR VIEWS ON THE ADVICE I SHOULD GIVE THE QUEEN IN REPLY TO THE PETITION FORWARDED UNDER COVER OF LLOYD'S LETTER OF 29 SEPTEMBER. IDO NOT WISH TO SUBMIT ANY VIEWS ON THIS MATTER UNTIL YOU HAVE REVIEWED THE POSITION.

+

3. I MUST THEREFORE ASK YOU TO REVIEW THE CASE AS QUICKLY AS POSSIBLY, ROTH BECAUSE NATURAL JUSTICE REQUIRES A MINIMUM OF DELAY AND BECAUSE IT IS ESSENTIALLY IMPORTANT TO THE CONSIDERATION MY COLLEAGUES AND I ARE GIVING TO THE GENERAL PRINCIPLE.

4. I NOTE THAT THE PETITION 13 APPARENTLY SUPPORTED BY ONE-QUARTER OF THE ADULT POPULATION OF DERMUDA.

OWEN

NO DISTRIPUTION:

HEAD HKGD

PS

PS/PUS

MR CORTAZZI

MR MURRAY

SIR IAN SINCLAIR

>

LEGAL ADVISER

CONFIDENTIAL