TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 45

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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

1

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 Counil. In the

Associated States (apart from Anguilla) abolition or suspen-

sion 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, but not in Belize, Bermuda,

the British Virgin Islands or Montserrat. H M Commissioner could secure the passage of legislation in Anguilla also.

CONFIDENTIAL

14.

D 107991 400,000 7/76 904 953

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