TNAG-0719-FCO40-917-Capital-punishment-in-the-Dependent-Territories-1978 — Page 81

CODE 18-77

S$ 10/76

HKOD

cc Mr Posnett

CONFIDENTIAL

нка 3861

RECEIVED IN REGISTRY NO. 51

10 JAN 1978

PA

DESK OFFICER

Mr Stewart Mr Snodgrass

INDEX

No

EL

36

Reference

Indexper

REGISTRY Action Taken

ве

M. Lurin. Pam 5h7. PP Pet M. Dale

Spoke to and

know the actin lathen regarding Dull 6/1 kura 1(b) of the Curturpic mmuli. (328) HKG 380/1 (77) J= 15)

CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES,

1.

I refer to Mr Cortazzi's minute of 6 December concerning capital punishment in Dependent Territories. Montellame. Paves 1 to 4 shul

+

Decolonisation

extracted & Dekolonge lin file. Then flshow

2. In paragraph 2 of this minute Mr Cortazzi suggests that it is necessary to review current policies on decolonisation. In December 1977 a preliminary paper on the subject was prepared by you and circulated. Messrs Posnett, Quantrill, Jasper, Beattie and Dale attended a meeting on 5.1.78 to discuss this paper; as a result it was decided that a paper reviewing policy on decolonisation should be ready for submission by the end of January or beginning of February 1978.

3. Of the 6 West Indian and Atlantic dependencies, Bermuda enjoys a very large measure of internal self government; external affairs, defence and security remain, however, the direct responsibility of the Governor. The other DTs are not so advanced as Bermuda, their constitutions provide for the assignment of responsibility for internal affairs to local ministers, but at the same time the Governor (in the interests of public order, public faith or good government) may act contrary to the advice of his ministers and he is also empowered to assent, refuse or refer enactments made by the local legislature. Furthermore, the Governor is wholly responsible for matters of defence, external affairs, internal security and the public service. In addition to the Governor's powers, HM The Queen may issue instructions through the Secretary of State not only to regulate the Governor's functions, but also, if required, to control matters of internal affairs. HM The Queen also exercises the powers of disallowance. These powers, provided we do not permit them to be eroded by local political aspirations, are real and provide HMG with a large measure of control over DTS' internal affairs should the need arise to exercise it. To proceed to the next stage of constitutional advance would result in the loss of much of these reserve powers and in my view such constitutional change should not be permitted unless it forms the final step leading to agreed independence on a timed basis.

A.

The situation, therefore, at present, is one where we have responsibility with power to veto political and administration actions which could affect internal security, but this does not, in my view, extend to judicial matters which lie outside the scope of our direct control.

Capital Punishment

5. Capital punishment exists in Bermuda, Cayman Islands, Montserrat and the Turks and Caicos Islands. Soundings made in the latter three territories reveal opposition to the abolition of the death sentence. The opposition to the abolition of capital punishment in

/the

CONFIDENTIAL