TNAG-0931-FCO40-1149-Capital-punishment-in-the-Dependent-Territories-1980 — Page 127

CONFIDENTIAL : STAFF IN CONFIDENCE

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on the justification that there is no elected legislature

there, and the Executive Council has commuted all death sentences. The Governor of Hong Kong's view is that this system can be contained but that any further move by London would cause strong political protest.

Nevertheless I suggest that one other course should be examined. Thisis the idea of an outside 'Mercy Committee'

6.

to consider cases in the Dependencies. At present each territory has its own local Mercy Committee, usually biassed (that in the British Virgin Islands showed no real readiness to examine the 1978 case on its merits). It might be possible to devise a Committee, perhaps chaired by a London-based judge and with representatives from the Territories, to look at all cases of this sort. It would, of course, be very difficult to achieve impartial membership while still retaining the confidence of the Territories, but it should be possible to ensure that cases were examined thoroughly. It might be a substitute for Mr Davidson's idea of review by the Judicial Committee of the Privy Council.

23 October 1980

Дир

R D Clift

Hong Kong and General Department

сс

Mr Harding

Mr Day

PS/Mr Hurd

PS/Mr Blaker

PS/PUS

We discussed

pull

& agreed that you

пожел

woed now hell

the varios minutis

a

together in

Mr Rushford, Legal Advisers

Mr Deare, WIAD

Mr Munro, POD

Mr Payne, MCD

revised submission

To Ministers.

Schande 423/10.

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