TNAG-0602-FCO40-750-Capital-punishment-in-Dependent-Territories-1977 — Page 58

CODE 18-77

SS 10/76

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BERMUDA

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1. There is one sentence in the draft statement by the Secretary of State which I believe needs amendment. It is the penultimate sentence in the second paragraph which begins: "Following the precedent

I suggest it should read:

17

•

"In 1947 the then Colonial Secretary, Mr Arthur Creech-

Jones, announced to this House the policy which he intended to follow in such matters and which has been followed ever since. In accordance with that policy, having satisfied myself that there were no grounds for believing that there had been a miscarriage of justice, I had no alternative but to advise Her Majesty not to intervene.

The two points are simply:

a.

b.

the Creech-Jones doctrine was a policy, not a precedent;

any grounds, not merely legal or technical, for believing there had been a miscarriage of justice would, under the doctrine, justify intervention by the Secretary of State.

267

The advice to the Sovereign should, under the doctrine, be negative – not to intervene - rather than "to let the law take its course".

5 December 1977

Copy to:

Sir Ian Sinclair Mr Cortazzi

Mr Duff

1 m. Towne t

次

Ви

RN Posnett

Dependent Territories Adviser

HKC 38671

RECEIVER

20.51

- 6 DEC 1977

DESK OFFIC

INDEX

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Action Te