TNAG-0719-FCO40-917-Capital-punishment-in-the-Dependent-Territories-1978 — Page 7

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

BACKGROUND NOTE

1. The last executions in the UK took place on 13 August 1964.

2.

In 1965, when the death penalty was suspended in the UK, and again in 1970, when it was finally abolished here, all those

dependent territories which still retained capital punishment were

invited to amend their legislation in the light of our own action.

As a result, some did so, but seven territories have consistently refused and still retain the death penalty. They are:

Belize

Bermuda

British Virgin Islands

Cayman Islands

Hong Kong

Montserrat

Turks & Caicos Islands.

3. The death penalty is also retained in the Associated States (including Anguilla which is constitutionally part of the State of St Kitts-Nevis-Anguilla). In the New Hebrides, the British Courts

have abolished the death penalty. While it still exists in the French and common Courts; in the latter the British Resident Commission has the power of veto.

4.

The administration of justice in dependent territories is an internal matter in which the British Government does not usually become involved. However, in capital cases, if all the normal local appeal channels (including an appeal to the Governor to whom has been delegated the Royal Prerogative of Mercy in such cases) have been exhausted, a final appeal direct to The Queen will often be made. At this stage the Secretary of State becomes involved since he is required to tender advice to Her Majesty.

5. Under a policy enunciated in 1947 by the then Secretary of State for the Colonies, Mr Arthur Creech-Jones, and followed since then by successive British Governments, the Secretary of State does not advise Her Majesty to intervene except in the very rare event

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