TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 152

2.

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subsequently to take any action contrary to a

so recent

expression of local wishes. I have reason to believe

that unilateral action taken by us would be better received.

4. I have also considered introducing a Bill into Parliament

to abolish or suspend the death penalty for murder, unilaterally throughout the dependent overseas territories. From the purely legal point of view this would be the best solution. But there are a number of inherent difficulties,

not least of which would be the virtual impossibility of finding parliamentary time for a Bill this session.

We

could legislate quickly by Order in Council in respect of four territories but this is not possible for the other

three and our objective must be comprehensive. A further difficulty concerns Hong Kong where, since 1973, the Governor has managed to maintain a policy by which all capital sentences are automatically commuted. He estimates that legislation in the British Parliament would cause severe local reactions among the Chinese population who believe strongly that the death penalty should be retained as part of the law in Hong Kong.

Although

•

5. Zthe cleanestest and most satisfactory solution would be legislation in Parliament to abolish the death penalty,

kat it is clear from the considerations examined

above that this is not a practical possibility in the immediate future. If my colleagues accept my reasoning

we are left with the need for some measure to enable the Foreign and Commonwealth Secretary to override Governors and their Advisory Committees in cases where they have decided that the law should take its course. I believe that this can now only be done by a Motion in Parliament calling upon the Foreign and Commonwealth Secretary to abandon the Creech-Jones doctrine and to take account of all the relevant circumstances in offering advice to The Queen on the exercise of the Prerogative of Mercy.. I have taken8count the consideration that it could be deemed improper to use the Royal Prerogative of Mercy in each and every case in the dependent territories as a means of abolishing the death penalty those territories, A In advising The Queen, the

Ą Foreign and Commonwealth Secretary would only be able to direct his mind. to the relevant circumstances in each

Lim

whie

(permitting

deart paraly

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statute book.