TNAG-0837-FCO40-1045-Capital-punishment-in-the-Dependent-Territories-1981 — Page 41

Policy Options

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"there are three, alternatives to THE ENTER THE Baghp)

(a) to re-affirm the Creech-Jones doctime, accepting that this may occasionally lead to executions (with the consequent risk of cinturion in Parliament and from the public in this country); if Minister decide to adopt this policy, there is no need for it to be announced publicly, but we shall need to sengd guidance to Governors; (b) to invite Govenors to consider whether, in the light of the recent vote in the British Parliament, they should now introduce legislation to abolish capital punishment in their own territories; similar action was taken in 1965 (after capital punishment had been suspended in Britain) and 1970 (after its abolition for murder), and on each occasion the legislatives of the territories listed in paragraph b alove declined to pass the necessary, laws; it is likely that they will do so

do so again on this occasion;

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(c) to take steps to abolish capital punishment in

the territories concerned through the processes of UK

law (although this would represent a most unusual diveft intervention in

9. If the second of these courses is adopted and, as we anticipate, most if not all tentories reaffirm their wish to retain capital punishment, this will of course make it easier subsequently to maintain the Creech. Jones doctane. On the other hand, it will make it more difficult subsequently to impose alvlition from Britain, if local legislatives have guest confirmed this wish to retain capital promist went.

10.

If it is decided to impose abolition through the processes of UK law, this will require Act of Parliament to make it effective in all cases. Only in Hong Kong, British Virgin

a

Islands, Cayman Islands and Turks and Caicos could abolition

the internal

affairs of the

territories, most Governors, when consulted last year, believed that micha move would be understood and accepted, with no more than

tohen protests)

be effected through Ordesi- Council, without the consent of Corall legislatures.