TNAG-0601-FCO40-749-Capital-punishment-in-Dependent-Territories-1977 — Page 73

CONFIDENTIAL ·

Tel: 233-5994

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MG de Winton Esq CBE MC Law Officers' Dept Attorney-General's Chambers Royal Courts of Justice Strand

LONDON WC2A 2LL

Foreign and Commonwealth Office

My dear Michael

London SW1A 2AH

12 October 1977

HKC 380/1

RECEIVED ***

7 NO. 51

13 OCT 1977

DESK OFF INDEX

REGISTRY

Action Taken:

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SL

MINISTERIAL COMMITTEE ON CAPITAL PUNISHMENT IN THE DEPENDENT OVERSEAS TERRITORIES

John Stewart, who has left today for Hong Kong, has asked me to write to you about paper GEN 103(77) 1 of 10 October.

2.

Paragraph 14. iv. (Removal from Governors of power to exercise Prerogative of Mercy) second and third sentences, and paragraph 19.3. (A hybrid option) are evidently based on the proposition that the delegation of the prerogative of mercy to the Governor in the Cayman Islands, Montserrat and the Turks and Caicos Islands could be abolished without a constitutional amendment.

3. This is not so, as the delegation is in each case effected by a provision in the constitution, as of course one would expect. The relevant provisions are s.53 of the Cayman Islands (Constitution Order) 1972 (S.I. 1972/1101) for the Article 9 of Montserrat Letters Patent 1959 and s.57 of the Turks and Caicos (Constitution) Order 1976 (S.I. 1976/ 1156).

4.

Copies of this go to Anthony Webb (Lord Chancellors) and Colin Wilson (Cabinet Office).

6

Yous Ever

Anting Rushford

A R Rushford Deputy Legal Adviser

You referred

PS. In view of the shortness of time I telephoned you and Anthony about this letter before despatching it. incidentally to paragraph 14.ii. (Legislation by Order in Council) and wondered whether the position of Montserrat was correctly

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CONFIDENTIAL