TNAG-0720-FCO40-918-Capital-punishment-in-the-Dependent-Territories-1978 — Page 26

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

Registry

No.

SECURITY CLASSIFICATION

superseded

DRAFT

LETTER

DSR11

Top Secret.

Secret.

Confidential.

Restricted.

Unclassified.

PRIVACY MARKING

................................In Confidence

This policy

has only once been brew Biel in exceptional ircoust-uences fin Haykay

Нише

Havo neow петде Creech Jones

n

"nusscar reall

и

ustece...

1

To:-

Type 1 +

Mr Stan Newens MP, Chairman

Mr Tony Gilbert, General Secretary

Liberation

313-315 Caledonian Road LONDON N1

From

Secretary of State

Telephone No. Ext.

Department

BERMUDA EXECUTIONS

Thank you for your recent letter about your Executive Committee's consideration of the Bermuda executions.

You suggest that, as Bermuda is still a dependency and as the British Government is therefore still

responsible for internal security, we could and should

have intervened to stop the executions. But I am afraid that it does not follow from our responsibility for internal security that we therefore have the power to intervene in the administration of justice. Under the policy that has been followed by successive British Governments, e only intervene in capital cases if we believe that a miscarriage of justice might otherwise occur. In my statement to the House on 5 December, I explained the judicial processes involved, and the reasons why I could not advise Her Majesty The Queen to intervene in the Bermuda case. It was by no means an easy, decision and certainly not one that I took lightly.

In the discussion following my statement, one of the points raised was this question of the irony of our being responsible for dealing with a situation where a threat to internal security arises, without being able to control events leading up to that situation. As I said at the time, I sympathise with the concern that was expressed over this. But it is a difficult question of balance, and an issue on which the House will wish to reflect when Parliament comes to consider the subject.

+

You say that the Creech-Jones policy on which I based my decision should not prevent us from acting honourably

/in

Dd 108087 400M S&K 1/77

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