SPANI TUETTANA MODEZIVS. TRAZ
CONFIDENTIAL
permanent change in the law of the dependencies concerned and has the further advantage that when the Secretary of State considers a case for a recommendation to The Queen, he alone can have regard not only to local considerations as represented to him by the Governor and the Prerogative of Mercy Committee, but to any other considerations and also of the effect of any recommendation on other dependencies, e.g. an execution in Bermuda would certainly cause trouble in Hong Kong where executions have been prevented during the past four years against the wishes of the Hong Kong Executive Council.
Option 3: A "Hybrid Option"
12. This option seems to be based on a misconception: the Governor's power to exercise the Prerogative of Mercy in the Cayman Islands, Montserrat and the Turks and Caicos Islands could not be abolished
without a formal constitutional amendment.
13. I recommend the Secretary of State should press for the adoption of Option 2 the abrogation of the Creech-Jones doctrine making it clear to his colleagues that in making any public announce- ment he will not indicate any intention consistently to recommend a reprieve in every case but that each case will be considered on its merits and having regard to all the appropriate factors, including the local considerations as reported by the Governor after consultation with the local Prerogative of Mercy Committee. Secretary of State's colleagues are adamantly unwilling to accept Option 2, the Secretary of State's purpose could be achieved by the adoption of Option 1 - legislation in the House of Commons to abolish the death penalty in the DOTS and, as a last resort, I recommend that the Secretary of State could agree to this course being
adopted.
If the
11 October 1977
4
CONFIDENTIAL
f.lc. B. Steent
J A B Stewart
Hong Kong & General Dept
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