TNAG-0602-FCO40-750-Capital-punishment-in-Dependent-Territories-1977 — Page 19

Mr Quantrill HKGD

cc Mr Sullivan

Mr Cortazzi

CONFIDENTIAL

Coal IA.

√22/12

1128/12

(W/294

Reference..

BERMUDA, LEAPMAN ARTICLE IN TIMES OF 7 DECEMBER

The following information was obtained on the telephone from the Deputy Governor on the afternoon of 7 December after he had discussed the article not yet received but dictated over the telephone with the Premier.

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1. Leapman telephoned the Premier on Monday evening after the first, misleading, Reuter report had been received. Leapman had been concerned that there might have been some censoring of the Bermuda Press. The Premier thought that he had satisfied Leapman on this issue. The Royal Gazette decidedd quite inclifindently not to publish the bains of the first mübeling report ].

KOSA

2. Leapman had asked three specific questions of the Premier and the Premier had answered as follows:-

Question 1: executions?

Answer 1:

Could the Bermuda Government have intervened to stop the

No.

(Mr Lloyd explained that the Premier's thinking on this (not divulged to journ) was that it might just have been possible for a government to have rushed through a Bill to abolish capital punishment and make it apply in retrospect to the two convicted murderers. This however would have been an intolerable interference by the Government with judicial process at that stage.)

Question 2: Answer 2:

her behalf.

Could the Governor have intervened?

The Governor exercises the Queen's prerogative of mercy on Once she has exercised it the Governor is not empowered to exercise it in a different way. The Bermuda Government have so spoken to several people including Amnesty and the Leader of the Opposition.

Question 3: Answer 3: The Premier said not in these specific words that the Secretary of State would have had the power to have advised the Queen differently from his original advice right up to the last moment.

Could the Secretary of State have intervened?

3. Referring to the penultimate paragraph of the Leapman article reporting that Bermuda ministers felt that under their self-governing constitution a decision whether or not to drop capital punishment was not a matter in which the British Government can properly meddle.

The Premier has specifically denied that he ever said this. It may have been said by others near to the source of power and it is certainly the view of a proportion of Bermudians.

4. The Deputy Governor thought that unless the Secretary of State wished to respond to this article at once it would be better to wait until the Bermuda Government had seen the exact wording of it and had a chance to comment. If any response were to be made here the Governor would wish to have a chance to consider the draft of what was to be said. It would be important not to appear to be contradicting the Premier.

5. There is quite a lot of doctrine involved in this and I hope that on the basis of this you will be able with Legal Advisers to submit.

раб

PC Duff

West Indian and Atlantic Department K226

5341

CODE 18-77

$S 10/76

7 December 1977

CONFIDENTIAL