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DSR 11C
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the moment abolition could only be imposed effectively
all
in every one of the territories concerned through an Act
of Parliament.
This not only raises the difficulty of
finding parliamentary time; But would also put the Government
might also need
in the somewhat embarrassing position of probably needing
to rely on substantial support from members of the Opposition
to get the bill passed ince
questions of this sort have
were allowed as in
usually been decided on a free vote, and it must be assumed
resent consideration of capital punishment in the UK) that the voting would follow mich the same pattern as in
last summer's vote on the proposal to reintroduce capital
punishment in Britain).
6.
A third and very strong argument against imposing
abolition is the row this would cause in Hong Kong (see
paragraph 6 of the attached memorandum).
7.
The arguments are well balanced. On the one hand
the prospect of further executions in dependent territories
will cause increasing repugnance and each case will risk
a major political crisis (both in the territory and in the
UK). On the other, the logical solution, to bring the
territories' law in line with our own by imposition from
Westminster would cause a much greater row. There are clear abols heral legal and constitutional objections to any de facto change
Exercise of the. in the lex - by overriding the Governor's prerogative of
most
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mercy. But, without going that far, the practical
course seems to be to continue the present policy in law,
while discreetly encouraging Governors to avoid executions
as far as possible. In a sense this would be simply to
continue a process which has already begun despite
Bermuda in 1977 the tendency has been for executions to
Fo
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decrease. Moreover, although the circumstances were special the time taken by Ministers over the case of the
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death
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