TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 47

the Secretary of State has brought considerations to their notice which might otherwise not have been given due weight (eg the Lightbourne case in Bermuda in 1959 and the Nairn case in the Bahamas in 1969). But there is no case on record where the residual prerogative has needed

to be exercised because a Governor has failed to take into

account a factor that would have rendered it unjust for him

to let the law take its course. In recent years many more

death sentences pronounced in the DOTs have been commuted than have been carried out, because the Governor and his advisers have thought it right to exercise clemency. The

dates of the last executions in the seven DOTS that still

retain the death penalty are Belize 1974, Bermuda 1943 (apart from the two in 1977), British Virgin Islands 1972, Cayman Islands 1928, Hong Kong 1966, Montserrat 1960 and

the Turks and Caicos Islands 1946.

8. The position in Hong Kong is anomalous, in that, since 1973 (when the Secretary of State advised the Crown in the Tsoi case to exercise the residual prerogative in the light of Parliamentary factors quite unconnected with Hong Kong or the case itself), the Governor, under pressure from successive Secretaries of State, has in practice followed a policy of commuting all capital sentences regardless of the existence of mitigating factors or the

views of his Executive Council.

Removal of the Governor's Delegated Authority

9. If it were desired to remove the delegated prerogative

of mercy from Governors in capital cases, this would

1

entail amendment of the constitution of each DOT concerned. The amendment could be effected by Order in Council, but

CONFIDENTIAL

it would

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