TNAG-0722-FCO40-920-Capital-punishment-in-the-Dependent-Territories-1978 — Page 51

COME IN 17

Mr McLaren

IIKGD

CONFIDENTIAL

tha 386/1

RECEIVED IN 28.

4 JUL 1978

DESK OFFICER

INDEX

CAPITAL PUNISHMENTI

OUTSTANDING CASES

254

1.

ས

PA

W4/?

31

Action Taken

Reference

HW 780/1...

cc Mr Rushford, Legal Advisers

Mr Sullivan

TRUSTWALL PATT TERRITORIES:

I refer to paragraph 3 of, your minute of 20 June. I doubt if a Governor is empowered to discharge his constitutional responsibilities according to his "personal conscience". Surely his constitutional and other functions must be discharged in accordance with the requirements of the laws of the territory which he has sworn to uphold? If Governors are permitted to exercise power according to the dictates of their personal consciences justice may not be done according to the law. All Her Majesty's subjects are, I believe, entitled to the same quality of law and mercy. It would not be common justice

and mercy for a murderer in one territory to he reprieved, solely on grounds of the Governor's personal onscience and not on any established facts in mitigation, whilst in another territory, where the Governor having purged his mind of personal feelings, upholds a sentence of death on the grounds that there is no good reason in law to commute it.

2. Many of us are personally opposed to capital punishment, but as long as it remains a legal sentence in the Dls, its commutation, or enforcement must be judged on fact and not on personal feelings. To permit the Governor of Montserrat to decide on the exercise of the prerogative of mercy within the dictates of his personal conscience sets, in my view, an indefensible precedent, not just in this particular case, but one of much wider implication.

3.

I have not circulated this minute as widely as yours, because you may wish to consult with Legal Advisers.

I have, however, copied it to Mr Rushford and Mr Sullivan in this Department.

29 June 1978

Mr Dale, WIAD

Aal

DK H Dale

West Indian and Atlantic Department

}

The

1. I take your point, which had indeed occured to me. last paragraph of my letter of 26 June to Mr Wyn-Jones was

c 38% intended to draw his attention tactfully to the considerations

which should govern his eventual decision in this case.

30 June 1978

RJT Claren

Hong Kong General Department CONFIDENTIAL