TNAG-0719-FCO40-917-Capital-punishment-in-the-Dependent-Territories-1978 — Page 31

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

CONFIDENTIAL

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subsequently to take any action contrary to such so recent an expression of local wishes. I have reason to believe that unilateral action taken by us would be better received.

4. I have also considered introducing a Bill into Parliament to abolish the death penalty unilaterally throughout the dependent overseas territories, From the purely legal point of view this would be the best solution. But there are a number of inherent difficulties, not least of which would be the virtual impossibility of finding parliamentary time for a Bill within the foreseeable future.

5. We are left then with some measure to remove from governments and their Advisory Committees the ultimate responsibility. This could be done either by an outright abrogation of the Creech-Jones doctrine or by a combination of the office of legislation and, as an interim measure, until such legislation has could be introduced, some modification of the Creech-Jones doctrine. If perhaps as a result of whatever Motion may be passed in the House, the Government would agree in principle to the introduction of legislation to abolish capital punishment in the DOTS and at the same time announce that until such legislation were introduced I should in future when considering petitions to The Queen for the operation of the Prerogative of Mercy and suspend the Creech-Jones doctrine., this would ensure that in every capital case for which no reprieve is granted locally, it would be referred to the Secretary of State of the day and give him the freedom to come to his own decision on each individual case, taking into account all the relevant circumstances but without pdinking him in any way on the advice that he will offer The Queen. The fact that the Secretary of State had this freedom

would not, of course, enable him to commute every death sentence as a matter of course. He should only commute a sentence in the light of the relevant circumstances.

6. Whatever decision is reached by my colleagues, we are committed to a debate in the House and it would be best

CONFIDENTIAL

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