TNAG-0602-FCO40-750-Capital-punishment-in-Dependent-Territories-1977 — Page 122

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

NOTES FOR SUPPLEMENTARIES

1. WHAT ACTION HAS HMG TAKEN TO PROMOTE THE ABOLISHMENT OF

CAPITAL FUNISHMENT IN THE DEPENDENT TERRITORIES?

In 1965 and again in 1970 the territories where capital

punishment is retained were invited to follow HMG's example of

abolition. As a result, the death penalty was abolished in

all but 7 territories. These 7 territories are well aware of

the views of this House on the question.

2.

HOW ICES HMG BECOME INVOLVED?

If the Governor does not exercise the Prerogative of

Mercy, the Secretary of State becomes directly involved when

he has to advise the Queen on any petition which may be addressed

to ler.

3.

WHAT ACTION WOULD HKG TAKE TO INTERVENE UNDER THE POLICY

KNOWN AS "CHEECH JONES LOCTRINE"?

The Secretary of State does not advise the Crown to

intervene unless there has been an evident miscarriage of

justice. This policy is based on the grounds that the Governor

and his advisors are in the best position to make a judgement.

There have been numerous instances of commutation of sentences

without any intervention from London.

VIEWS OF THE BERMULA LEGISLATIVE

On 9 July 1975, in response to a Frivate Member's motion

to abolish capital punishment in Bermuda, the liouse of Assembly

there rejected the motion by 25 votes to 9.

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