STAFF IN CONFIDENCE
CONFIDENTIAL
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internal self-government and against the willingness or otherwise
of Ministers to ask Parliament to act against the wishes of the
dependencies, whether by outright abolition or by a temporary
suspension of the exercise of the death penalty. Apart from this
there remains the very important point that in Hong Kong, where the
death penalty still exists but where executions have not been carried
out since 1973, the Governor is of the view that any move by London
to take more formal steps in the direction of abolition would lead to
serious protests
8. 8.
HD There is however a
genuine problem in the bunden placed
I do not therefore recommend any change of policy. Ministers Ирт upon individual Governers, wh have to April Most them. will, however, wish to be aware of the burden of the demands placed
middle ranking officials, they have to be take a decisin in upon Governors and of the possible consequences. These are both
an wone which certain
& personal and political
"Ministers in me lik me
Secretaries of State but on which required to pronounce.
trinity agonised many
воды
9. In Mr Davidson's case, his conscience may possibly oblige him
to resign rather than allow the law to take its course.
It can, of
course, be argued that Mr Davidson should not have accepted an
appointment where he knew that such a decision would be required.
Itis,
tie However, only fair to point out that when Mr Davidson was
appointed in 1978, he was told that the aim of the then British
Government was, if possible,, to avoid any more executions taking
Thereine ism
place. At all ovonis, He is now asking to be relieved so far as
possible of the ultimate responsibility.
10. Mr Davidson has suggested that capital cases in the Dependent
·
Territories should automatically be referred to the Judicial Committee of
the Privy Council. Legal advice, however, is that this is not
possible under the present rules. The Judicial Committee can only
consider whether a case appears to have involved some legal error
which would justify their reviewing it. They are not bound to conduct
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