TNAG-0931-FCO40-1149-Capital-punishment-in-the-Dependent-Territories-1980 — Page 195

CONFIDENTIAL

-4.-

death penalty in Southern Rhodesia after the resumption of

British authority was an important example of British policy influencing (if not formally overriding) decisions

within a dependent territory. Ministers may consider that,

since the Governor of Hong Kong believes that the present

position can be held there, it is reasonable to adopt a

similar approach to the other territories.

8.

It would also perhaps be sensible to reconsider the

position in 2 years time. It is possible tha

It is possible that By then

Syear

those territories where it is not feasible to abolish

capital punishment by Order in Council (Belize, Bermuda and

mary

Montserrat) will be either independent or clearly on the

way to independence.

This would thus leave us free to use

Orders in Council to abolish capital punishment in any of

the other territories that seemed likely to remain a

lity

British responsibility for any length of time. This

procedure would also allow us to treat Hong Kong

separately, if it seemed appropriate to do so in the

circumstances then prevailing

9.

If Ministers are not prepared to accept this

admittedly anomalous

CONASC

() letting sleeping dogs lis

I

M

of the legal and constitutinal

objections referred to in the memorandum and the

reluctance of a number of Governors demonstrably to bend

their exercise of the prerogative of mercy to UK policy

might be acculled foy

This

considerations, jala-gengniniwala be a fall-back solution.

would be to ask Governors to consider recommending to

legislatures a suspension of the death penalty for, say,

5 years. This could be represented as an experimental

device (with the tacit hope on HMG's part that it would

lead through habit to voluntary full abolition). Even this,

CONFIDENTI AL

/however

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