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12 JAN 1978 FIDENTIAL
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CAPITAL PUNISHMENT IN THE DEPENDENT OVERSEAS TERRITORIES: BALLOT FOR PRIVATE MEMBERS MOTIONS
1.
The Secretary of State has asked that we should try to have the question of capital punishment in the Dependent Overseas Territories (DOTS) debated as a Private Members Motion on
13 January 1978. A ballot for the Private Members Motion is to be held on 14 December and the Secretary of State has suggested that the winner of the ballot, if he turns out to be a Member sympathetic to a reconsideration of the present policy, should be persuaded to put down a motion on capital punishment in the dependent overseas territories.
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2. When the Secretary of State made his statement on 5 December on capital punishment, in his reply to Mr Arthur Latham's supple- mentary, he said "I think the House will wish to reflect on the underlying issue whether we wish to take away from the Governor, Government and the Prerogative of Mercy Committee that degree of decision making which they currently have and pull it into Westminster". He went on to say that he thought personally that the best way is for the dependent overseas territories to reflect again on the decision that was taken in this House and to ask themselves whether it would not be better for them voluntarily to change their legislation
I am preparing a parallel exercise submitting telegrams to the Governors of the DOTS concerned from the Secretary of State asking them to reflect again on capital punishment legislation.
3. Whether or not the various DOTS agree to reconsider their policy on capital punishment, it would be helpful to have a firm indication of the thinking of the House. Accordingly, I submit a draft Motion to be suggested to the winner of the Private
Members Ballot.
The Deputy Legal Adviser concurs.
13 December 1977
pu
CONFIDENTIAL
B. Stunt.
JUA B Stewart
Hong Kong & General Department
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