TNAG-0720-FCO40-918-Capital-punishment-in-the-Dependent-Territories-1978 — Page 108

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OUTSTANDING CASES

There is one case outstanding in the British

Virgin Islands [Sylvester Gaston -qv] and 16 in Hong Kong.

GASTON CASE (BRITISH VIRGIN ISLANDS)

I am aware of the Noble Lord's interest in this case.

Gaston's appeal was rejected by the BVI Court of Appeal on

16 January. The courses of action now open to him are:

an application for special leave to appeal to the Judicial

Committee of the Privy Council; and an appeal to the

Govenor for clemency.

See actors

HONG KONG

TSOI CASE, 1973)

Hong Kong is unlike other dependent territories,

where the retention of capital punishment has been confirmed

by democratically elected local legislatures. In Hong Kong

there is no locally elected legislature. The policy of

non-intervention by the Foreign and Commonwealth Secretary

is held therefore to apply with less force, and in 1973, the

Foreign and Commonwealth Secretary did advise The Queen to

exercise her Prerogative of Mercy. Since then the Governor

has commuted all capital sentences.