TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 65

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

177

CODE 18-77

Mr Stewart HK&GD

CONFIDENTIAL

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Attached,

Reference......

cc Mr Stratton

Mr Collins, M&CD Tu Posmith

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CAPITAL PUNISHMENT IN THE DEPENDENCIES

1.

Thank you for sending me a copy of your submission covering draft messages to Governors. We discussed this briefly in Mr Stratton's wigwam but unfortunately after you had left. I understood from Mr Stratton that Sir Ian Sinclair had substantially revised the message on legal grounds but I feel I must put on record this department's concern at what we are actually asking Governors to do.

2.

This latest instruction will not only place Governors in a very difficult position politically but it seems to me we are asking them to circumvent both the letter and the spirit of their own constitutions and local laws which they have sworn to uphold in a very public ceremony. There is a real political problem facing Ministers here and I would have thought that there was no harm in describing this fully and explaining why at the moment it is politically inexpedient to abrogate Creech-Jones or to abolish the death penalty in dependencies by action in Parliament here. But what we are now suggesting seems to me to be undermining Governors' personal integrity and therefore their ability to hold the respect of their local Ministers.

if content of the

3. I hope therefore that/the message that is to go out is to be on the lines of your draft then at least the manner of putting it across can be changed.

179

7 March 1978

PERSONAL

PCD.

PC Duff

West Indian and Atlantic Department

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M. Juff

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RECEIVED NURSERY NO. 51

- 7 MAR 1978

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CONFIDENTIAL

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