TNAG-0722-FCO40-920-Capital-punishment-in-the-Dependent-Territories-1978 — Page 53

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Mr Stephen

CONFIDENTIAL

256

BRITISH VIRGIN ISLANDS: DEATH SENTENCE ON MR GASTON

Mr Duff has passed to me your minute of 15 June since policy towards capital punishment in the dependent territories is handled in this department.

1.

We now know that the Governor of the BVI intends to commute the death sentence passed on Mr Gaston even though (as Mr Barbor-Might rightly points out) this will not be a popular decision in the territory. The decision will be announced locally on 5 July; until then it should remain confidential.

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3. We have sought our Legal Adviser's views on the Stockwell Group's theories about the Creech-Jones doctrine. He has pointed out that in considering a capital case in the BVI, the Governor operates within the framework of BVI law. If the case subsequently comes to the Secretary of State for consideration, he too must consider it within the context of BVI law - the fact that the law of England is different is irrelevant. There is no reason, therefore, why the views of the Secretary of State should differ from those of the Governor, although admittedly the Secretary of State might feel more strongly than the Governor that the local law ought to be changed.

28 June 1978

CC: PS

PS/Mr Rowlands Mr Cortazzi Mr Stratton

Legal Advisers

Miss Stoddart, WIAD

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RECEIVED IN PRAGTRY NO. 51

3 0 JUN 1978

DESK OFFICER

INDEX

No

РА

REGISTRY

Action Taku

&

R JT McLaren

Hong Kong & General Dept

thank

you.

CONFIDENTIAL

M

29/6

fu

29/vi

Queryui 8236

Mr barow

~A'7

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