TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 10

REVISED DRAFT

CONFIDENTIAL

CAPITAL PUNISHMENT IN THE DEPENDENT OVERSEAS TERRITORIES

NOTE BY FCO LEGAL ADVISERS

Introduction

1. Capital punishment for murder is imposed by the law

of the following dependent overseas territories (DOTS):

Belize, Bermuda, the British Virgin Islands, the Cayman

Islands, Montserrat, the Turks and Caicos Islands and

Hong Kong. It is also embodied in the laws of the five

West Indies Associated States (including Anguilla) and in

the law of Southern Rhodesia.

Methods of Securing Abolition or Suspension of Capital

Punishment

2. Abolition or suspension of capital punishment in any of

the DOTS concerned could be effected by means of an

enactment of the local legislature, an Act of the United

Kingdom Parliament, or (except in the case of Belize,

Bermuda and Montserrat) an Order in Council. In the

Associated States (apart from Anguilla) abolition or

suspension could be effected only by the local legislature,

while United Kingdom legislation for Southern Rhodesia

would of course in present circumstances be ineffective.

3. In the Cayman Islands, the Turks and Caicos Islands and

Hong Kong, the Governor could be instructed by H M G to

force a bill through the local legislature under his

reserved legislative power (or by use of an official

majority in the legislative council), but not in Belize,

Bermuda, the. British Virgin Islands or Montserrat.

H M Commissioner could secure the passage of legislation

in Anguilla also.

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