TNAG-0722-FCO40-920-Capital-punishment-in-the-Dependent-Territories-1978 — Page 83

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

Registry No.

SECURITY CLASSIFICATION

Top Secret,

Secret.

Confidential.

Restricted.

Unclassified.

PRIVACY MARKING

In Confidence

CONFIDENTIAL

DRAFT

PAPER

To:-

Type 1 +

From

Telephone No. Ext.

Department

DSR 11

CAPITAL PUNISHMENT IN THE DEPENDENT OVERSEAS TERRITORIES

NOTE BY THE LEGAL ADVISER TO THE FOREIGN AND

COMMONWEALTH OFFICE, WRITTEN IN CONSULTATION WITH OFFICIALS

OF THE LORD CHANCELLOR'S OFFICE, THE HOME OFFICE AND THE

LAW OFFICERS' DEPARTMENT

Introduction

1.

Capital punishment for murder is imposed by the law

of the following dependent overseas territories (DOTs):

Belize, Bermuda, 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.

Methods of Securing Abolition or Suspension of Capital Punishment

2.

Abolition or suspension of capital punishment in

any of the DOT's concerned could be effected by means of

an enactment of the local legislature, an Act of the

United Kingdom Parliament, or (except in the case of

Belize, Bermuda and Montserrat) an Order 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

Dd 427265 500M 5/77 905275

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