TNAG-0837-FCO40-1045-Capital-punishment-in-the-Dependent-Territories-1981 — Page 59

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

26.

(b) Capital and Corporal Punishment

The Chairman described the political and parliamentary background to the problem of altering the Creech Jones doctrine. Mr Posnett suggested that it was difficult to superimpose alien moral principles onto another society and constitutionally improper when we had already devolved powers to local Ministers. The UK should not try by stealth to usurp these powers in one particular sphere. Mr McEntee was particularly concerned. Belize had recently abolished corporal punishment and the Mercy Committee had acted very responsibly in two previous capital cases. If, however

If, however, the Committee were to reject the case for reprieve now pending, he would almost certainly find himself bound to support their decision.

to support their decision. In Montserrat the courts had been of little help in difficult cases. In the Turks the charge of manslaughter had 'sometimes been laid instead. Mr Russell suggested that local Governments might be asked to abolish capital punishment for a test period. It was recommended that this proposal, if found acceptable to Ministers, should be the subject of a formal despatch to Governors, so drafted as to give Governors discretion as to when to present it to their Ministers. It was also agreed that Governors should present their joint views on the subject to the Secretary of State. A text would be prepared and circulated for comment.

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