TNAG-0720-FCO40-918-Capital-punishment-in-the-Dependent-Territories-1978 — Page 87

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CONFIDENTIAL

which retain the death penalty to introduce legislation to abolish it; or by a Motion in the House of Commons calling on the Secretary of State to abandon the Creech-Jones doctrine. There was a fourth alternative, which I believe was the Secretary of State's preferred option, to change the present system by means of a Parliamentary Statement in the terms recorded in GEN 103 (77) First Meeting. However this course seems to be ruled out because it would present the House of Commons with a decision by the Government before the House itself had debated the matter; and the Government is committed to a debate by Mr Foot's statement of 8 December and by the Secretary of State's answers to Supplementaries on 5 December.

4.

From the legal point of view legislation to suspend or abolish the death penalty for murder in the seven dependent territories concerned would be the best possible solution. But there are three drawbacks. First, the Crown could legislate quickly by Order in Council for only four of the territories (though this would put the Secretary of State in a stronger position with the remaining three). Secondly, and much more important, it is unlikely that time could be found during the remaining term of the present Parliament to enact a bill covering the remaining territories. One must expect that if legislation is delayed for up to two years there will be other cases similar to the Bermuda pne (c.f. the case in the Virgin Islands). There is also a third point concerning Hong Kong. Hong Kong contains almost five million people, i.e. about 90% of the population of all the dependencies concerned, and the overwhelming majority of the population believe strongly that the death penalty should be retained. The Governor has advised that nothing should be done to change the status quo, particularly because capital punishment has, in effect, been suspended in Hong Kong (see para 2 above). However, he has also recommended that, if anything has to be done, abandonment of the Creech-Jones doctrine is the least undesirable course of action. Legislation by the British Parliament would be most undesirable and would give rise to grave fears about the possibility of Parliament legislating for Hong Kong in other fields.

CONFIDENTIAL

15.