TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 91

From: His Excellency The Hon. Sir Peter Ramsbotham, GCMG, GCVO.

1168

میلی

пелестетуры зранку

27/2

Sir Ian Sinclair

Juls

R&R

Government House

Bermuda

2812

pose

(2)

CONFIDENTIAL AND PERSONAL

Mr Duff, WIAD

3 im Sterkout HKGD

Stevent

23 February, 1978

DGO 14/3/25

A R Rushford Esq, CMG

Deputy Legal Adviser

Foreign and Commonwealth Office

Dear Rushford

BERMUDA : CAPITAL CASES

A. R.

156

RECE

INDEX

No

(4

for entry

Mike: 380/1

28 FEB 1978

REGISTAY Action Taken

Key

for me

10. 51

Be

233

文

Although I certainly

Many thanks for your letter of 9 February, and for the interesting material which you enclosed with it. hope that the need to refer to that material will never arise, I am glad to know it is now readily available.

now

*

2. I am advised that the loophole you mentioned (paragraph 3 of your letter) could not be closed without amending the Constitution. In any case, a proposal to close it would no doubt provoke a major political controversy. So I think the matter should rest.

3.

I share the view, expressed in paragraph 8 of your letter, that if the law was amended to restrict the death penalty to certain types of murder only, then the courts might be presented with some awkward decisions. As you may know, a Joint Select Committee of the local legislature is to re-examine the whole question of capital punishment here. It is sure to need background material, and we should be able, when providing this, to make your point. My understanding, however, is that it is unlikely to report much before the end of this year. Meanwhile the Secretary of State may have taken separate action of the kind he is now contemplating; and that may also influence the Committee. We will, anyway, keep you informed.

4. Finally, it was useful that, during my visit, we were able to narrow differences of opinion about stays of execution and reprieves, to a point at which there seems general agreement on the course which should, in practice, be followed. In view of this, and of the fact

* I discussed this briefly with Sir Michael Hogan (President

34

23 Frb.

CONFIDENTIAL AND PERSONAL

saw no need for any umedial action.

не saw,

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in Cont

9 Appeal)