TNAG-0601-FCO40-749-Capital-punishment-in-Dependent-Territories-1977 — Page 92

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CONFIDENTIAL

Alternative Courses

14. There are two ways in which the Foreign and Commonwealth Secretary's

First purpose, as described in paragraph 1 above could be achieved.

Her Majesty's Government can insist that the remaining DOT abolish capital punishment. Second, and less drastic, Her Majesty's Government can review every capital case having regard not only to local considerations but also to matters relevant to the United Kingdom and their responsibility for the

other dependencies.

Abolition

Abolition would not only be bitterly resented in the DOT but it would also be resented for its imposition of United Kingdom will against the clear wishes of the inhabitants of the territories concerned. On the other hand it would offer an immediate solution to the difficulty presented by the conflict of the differing views of Her Majesty's Government and the seven DOT on capital punishment. Her Majesty's Government would make clear to these DOT and their peoples that the death penalty would remain abolished while they remained dependent on the United Kingdom. If abolition is to be considered, three different procedures are available to achieve it

i.

J

An instruction to Governors to introduce legislation to abolish capital punishment

In Bermuda, the British Virgin Islands, Montserrat and Belize the

There Governor has no power to introduce such legislation himself.

is no similar limitation in the less constitutionally advanced territories, ie Hong Kong, the Caymans and the Turks and Caicos Islands. Introduction of such legislation by the Governor would probably be met by an attempt at rejection and would certainly produce an undesirable breach between the Governor and his Ministers.

ii. Legislation by Order in Council

Legislation may be enacted by Order in Council to abolish capital punishment. However, such a method cannot apply to Belize, Bermuda

or probably Montserrat.

iii. United Kingdom Bill to abolish unilaterally

The United Kingdom Parliament could legislate unilaterally to abolish capital punishment in those DOT where it is still retained. purely legal grounds this would be the most desirable solution. all three procedures, this is the only one which could apply to all the DOT at the same time.

On

Of

7 CONFIDENTIAL