TNAG-0602-FCO40-750-Capital-punishment-in-Dependent-Territories-1977 — Page 51

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

217

PERSONAL & CONFIDENTIAL

Our ref: HKG 380/1 (C)

HE Mr W W Wallace CBE DSC TORTCLA

RECEIVED

6 December 1977

нка 386

- 7 DEC 1977

DICK OFFICEY INDEX

No

NO. 51

BESISTRY Action Tale

ве

200

(272)

1.

In paragraph 3 of my letter of 24 November I promised to let you know if the executions in Bermuda looked like causing us to reconsider our policy over the Gaston case. You will now have seen that there have been strong reactions to the execution of Burrows and Tacklyn in Bermuda. For your personal information, and I must underline that it is vital that no part of the contents of this letter be seen by other than you, the Secretary of State has now said that he is determined that Gaston should not hang.

2.

It would obviously be best if this outcome could be achieved by a local decision (either by the Appeal Court or by you acting on the advice of your Prerogative of Mercy Committee) without appearing to be imposed in any way from outside: I hope you will be able to contrive this. You will have seen from FCO telegram no. Personal 29 that the Secretary of State believes that Gaston's mental state is such that he may be certifiable. I would hope that the assessment of Dr Mahey that Gaston is mentally retarded, together with any other psychiatric advice that you may be able to garner, would be sufficient to persuade your Prerogative of hercy Committee that the law should not in this case take its course, even if Gaston's appeal is rejected in the courts.

3. We are aware that the prospect of life imprisonment in the EVI may be regarded as a cruel punishment and practically very difficult indeed. However, you may be aware that Jamaica has agreed to take, on payment, long-term prisoners from the Turks and Caicos and I am sure that a similar arrangement could be worked out in the case of the BVI.

SC:

Mr tratton Mr Cortazzi

PS/Mr Rowlands

J A B Stewart

Hong Kong & General Lepartment

PERSONAL & CONFIDENTIAL

:

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