CONFIDENTIAL
1) REMOVAL FROM GOVERNOR OF POWER TO EXERCISE PREROGATIVE OF
MERCY.
SUCH A COURSE WOULD NOT IMPLY ANY CHANGE IN LOCAL LEGISLATION
AND WOULD AVOID THE SITUATION WHEREBY A GOVERNOR'S RETENTION OF
THE PREROGATIVE IS SEEN LOCALLY TO DE INEFFECTIVE. IN THOSE CASES
WHERE THE PREROGATIVE OF MERCY IS DEVOLVED BY ROYAL INSTRUCTIONS ITS REMOVAL AND THE CHANELLING OF ALL APPEALS TO THE SECRETARY
OF STATE WOULD SEEM TO BE A SUITABLE METHOD OF AVOIDING THE USE OF THE DEATH PENALTY. HOWEVER, WHERE THE DEVOLUTION IS ENSHRINED IN THE CONSTITUTION OF A DEPENDENCY, ITS REMOVAL WOULD REQUIRE CONSTITUTIONAL AMENDMENT.
11) AN INSTRUCTION TO GOVERNORS TO INTRODUCE LEGISLATION TO
ABOLISH CAPITAL PUNISHMENT.
IN BERMUDA AND BELIZE THE GOVERNOR HAS NO POWERS TO INTRODUCE SUCH LEGISLATION HIMSELF. IT MAY BE THAT THERE IS
NO-SIMILAR LIMITATION IN LESS CONSTITUTIONALLY ADVANCED
TERRITORIES. SUCH LEGISLATION WOULD BE OF A TRANSCIENT NATURE, CAPABLE OF REPEAL, PERHAPS ON CONSTITUTIONAL EVOLUTION
AND CERTAINLY ON INDEPENDENCE.
111) ACT OF PARLIAMENT TO ABOLISH CAPITAL PUNISHMENT.
THE UK PARLIAMENT COULD LEGISLATE UNILATERALLY TO ABOLISH CAPITAL PUNISHMENT IN THOSE DEPENDENT TERRITORIES WHERE IT
IS STILL RETAINED. IT WOULD OVERCOME THE PRESENT SITUATION WHEREBY THE DEATH PENALTY IS RETAINED ON THE STATUTE BOOK IN DEPENDENT TERRITORIES, ITS EXERCISE BEING ADMINISTRATIVELY AVOIDED IN THE UK. IT WOULD ALSO HAVE THE ADVANTAGE OF MAKING
IT CLEAR TO THE GOVERNMENTS AND PEOPLE OF THE DEPENDENCIES
THAT THE DEATH PENALTY WILL BE IN SUSPENSE WHILE THEY
REMAIN DEPENDENCIES OF THE UK,
IV) LEGISLATION BY ORDER IN COUNCIL.
AS AN ALTERNATIVE TO AN ACT OF PARLIAMENT LEGISLATION
MAY BE ENACTED BY ORDER IN COUNCIL TO ABOLISH CAPITAL PUNISHMENT IN RELATION TO ANY OF THE TERRITORIES CONCERNED.
-2- CONFIDENTIAL
/V)
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