CONFIDENTIAL
(220)
Parliamentary Unit
CAPITAL PUNISHMENT. BEUDA
The Role of the British Government
1.
RECEN
DES INDEX
HKC 380/1
- 2 DEC 1977
80. 51
No
Б
REGIS BY Action Taken
во
In 1965 and again in 1970 the dependent territories where capital punishment is retained were invited to follow the United Kingdom example of abolition. As a result, all but seven territories abolished the death penalty.
2.
In these territories the Prerogative of Mercy is delegated to the Governor and regularly exercised by him, but this does not empty The Queen of lier prerogative power. If the Governor does not exercise the Prerogative, the Secretary of State becomes directly involved when he has to advise The Queen on any petition which may be addressed to Her in the last resort.
3.
Under policy, known as the "Creech-Jones Doctrine" the Lecretery of State does not advise The Queen to intervene unless there has been an evident miscarriage of justice. This policy is based on the theory that the Governor and his advisers are in the best position to make a judgement. There have been numerous instances where the capital sentence has been commuted without any prompting from the Secretary of State. Only in one instance during many years has the Secretary of State advised the Crown to overside the Covernor's decision - namely in the cope of god in fion on in 1975 when the decision was based on considerations o. United Fiu don policy quite unrelated to Hong Jong.
1 December 1977
DC Levoir
Hong Kong & General Department K 270
233 4072
CONFIDENTIAL
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