TNAG-0931-FCO40-1149-Capital-punishment-in-the-Dependent-Territories-1980 — Page 190

CODE 18-77

SS 8/78

Mr Clift

Now see(5

Reference

CONFIDENTIAL

EX

AKG 38.0./2

D IN REGISTRY NO. 51 31 JAN 1980

X OFFICER

PA

į REGISTRY

Action Taken

29

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

1.

I do not

I have pencilled in a few amendments to the draft. like the reference in paragraph 2 to an elected local government. This slightly loads the point and does not adequately cover Hong Kong.

2. I think the reference in paragraph 7 to the de facto abolition of the death penalty in Southern Rhodesia after the resumption of British authority should be deleted. The reasons for it are so special that I do not think that it can really be regarded as a precedent. Furthermore, I do not think it is an example of British policy influencing decisions within a dependent territory. What we have done is to automatically reprieve all condemned persons in Southern Rhodesia for the short duration of our authority. As soon as the country becomes an independent sovereign state, executions will probably resume whichever party is then in power.

3. In the previous draft I had changed the reference to 2-3 years time in paragraph 8 since I had been advised by Mr Duff that this was rather optimistic.

I like the idea of a 5 year suspension of the death penalty. I wish I had suggested it.

4.

Altant

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A I Aust Legal Advisers

28 January 1980

Pl. type

нуж

287,

CONFIDENTIAL