TNAG-0604-FCO40-752-Capital-punishment-in-Dependent-Territories-1977 — Page 32

380/1

PERSONAL AND CONFIDENTIA HKG 3861

ab

GOVERNMENT HOUSE,

TORTOLA,

BRITISH VIRGIN ISLANDS.

JA B Stewart Esq OBE

Hong Kong and General Department

FCO

Dear Shinpart

CAPITAL PUNISHMENT

(od

in

нка

RACLETTER PRE

3 ODEC 1977

DESK OF, INDEX

No

15 December 1977

3.51

MIZUSTRY

Soon Taken

ве

3161

A relatively encouraging

In Qughell picture. MJER JB5112

Riken in Luin be. 3/1628.

542712

foris 272

1. Thank you very much for your helpful letter, ref HKG 380/1, of 24 Nóvember. It has certainly cleared the air for But see me (always assuming of course that the considerable and continuing aftermath of the Bermuda executions does not in fact lead to a change in the Creech-Jones doctrine before the Gaston case has run its course).

2. As to the Gaston case, I now enclose (as promised in my Personal tel 32 of 7 December) a copy of the trial proceedings from which you will see that there is no question, at least as yet, of Gaston being certifiable. The issue at the trial was one of mental retardation only, an aspect which will of course have to be gone into further by the panel of doctors which I propose to appoint to examine him if the appeal is dismissed and before the case goes to the Advisory Committee on the Prerogative of Mercy.

3. I also enclose a copy of the trial Judge's report. From it you will see that the Judge has recommended commutation:

UNDER FQI

THIS IS A COPY

THE ORIGINAL HAS BEEN CLOSED UNTIL

EXEMPTION No 38 AND HO(2)

There is, however, much more relevant material still still to be obtained to put before the Committee, eg the views, if any, of the Court of Appeal; the further medical report referred to above; and a sociological report which we have asked St Lucia to provide. Until this material is available and until I have the views of the Advisory Committee - it would be wrong of me, I believe, to begin to make up my own mind.

4.

In para 4 of your letter under reference, you asked for clarification of my assessment of trouble arising here in the event of HMG deciding to abolish capital punishment in dependent territories. I am sorry if I have not made myself clear on this before now. My assessment is as follows:-

a) in the event of HMG deciding to abolish capital punishment

when no case is pending here, then I would expect local reaction to be noisy and bitter but not violent;

b) if a decision to abolish is taken when a case is pending

here, then much will depend on the circumstances of the murder and on the timing of any such decision. But there would always, I believe, be a distinct risk of demonstrations at least. The greatest risk would be if the accused is not

PERSONAL AND CONFIDENTIAL

.../a BV