TNAG-0719-FCO40-917-Capital-punishment-in-the-Dependent-Territories-1978 — Page 56

CONFIDENTIAL

HKC. 38671

RECEIVED AN

13 JAN 1978

DESK OFFICER

Mr Stewart (HK&GD)

INDEX

No

PA

31

NO. 51

FIGISTRY Action Take ·

CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES

P.Ajas

53

18

1. We are all aware from the previous exchanges on this subject that the course of action recommended in the draft Memorandum to go from the Secretary of State is designed to produce a situation which will enable our present Administration at least to over-rule any decision by the Governors of the Dependent Territories to allow a capital sentence to be carried out. A series of such decisions would, as Mr Rushford points out in his Minute, lead to the Governor and his advisers being discredited; and this would seem to be so whether under the two-tier arrangement which the line you propose would give rise to, or when proceeding "by stealth" (para 8 of Mr Rushford's Minute).

2. I cannot, therefore, concur in the draft Memorandum as it stands. As you know, I do not agree that uniformity in whatever practice is adopted is such an over-riding requirement that it justifies excluding all the possible courses of action except (iii) and (v) from those listed in paragraph 5 of the draft memorandum. 3. So far as Belize is concerned, if we want to ensure that no death sentence is carried out, and are not prepared to grasp the nettle of legislation, we have the simple and uncontentious means of removing the Royal Prerogative of Mercy from the Governor (devolution of the Prerogative is not enshrined in the Belizean constitution). Essentially the same result would be achieved if this action was taken separately and in addition to the action you recommend in the draft Memorandum.

11 January 1978

cc:

PS/Lord Goronwy-Roberts

Mr Rushford Mr Duff (WIAD)

مسلما

M B Collins

Mexico & Caribbean Department

CONFIDENTIAL