TNAG-0722-FCO40-920-Capital-punishment-in-the-Dependent-Territories-1978 — Page 129

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CAPITAL PUNISHT IN THE DEFENDENT OVERSEAS TERRITORISS

NOTE BY THE LEGAL ADVISER TO THE FORSIGN AND COMMONWEALTH OFFICE

WRITTEN IN CONSULTATION WITH OFFICIALS CF THE LORD CHANCELLOR'S

OFFICE, THE POKE OFFICE AD THE LAW OFFICERS' DEPARTMENT

Introduction

AIM

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1. Capital punishment for murder is imposed by the law of the following dependent overseas territories (DOTS): Belize, Bermude 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.

OX

Methods of Securing Abolition or Suspension of Capitel Punishment 2. Abolition or suspension of capitel punishment in any of the DOTS concerned could be effected by means of an enactment of the local legislature, an Act of the United Kingdom Parliament, (except in the case of Belize, Belmaida and Montserrat) an Crüer in Council. In the Associated States (apart from Anguilla) abolition or suspension 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 Her Majesty's Government to force a bill through the local legislature under his reserved legislative power (or by use of an official majority in the legislative council), but not in Belize, Bermuda, the British Virgin Islands or Montserrat. H M Commissioner could secure the passage of legislation in Anguilla also.

4. Although Parliament and, in some cases, Her Majesty in Council have general powers of legislation in relation to the DCTs, they are not in fact used to impose laws on a domestic matter of this kind upon any DOT against the wishes of the local government, especially the elected government of a territory with a subwelantra I

degree of local autonomy.

.:.

CONFIDENTIAL

/Exercise of the