TNAG-1004-FCO40-1248-Capital-punishment-in-the-Dependent-Territories-1981 — Page 14

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23 OCT 1981

ER

Mr Donald

CONFIDENTIAL

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

Problem

Think

BBR I CR

сп

BU/210RS.

BBR 27110.

NOTES

1. To decide whether action is necessary to deal with HMG's

differing approaches to capital punishment in Hong Kong and in the other Dependent Territories.

Recommendation

2.

That the status quo whereby death sentences in Hong Kong

are always commuted by the Governor in Council be maintained.

The departmental Legal Adviser concurs.

Background

3. Capital punishment is retained in 7 British Dependent Territories (the year of the last execution in each Territory

is given in brackets):

4.

Anguilla (1924), Bermuda (1977), British Virgin Islands (1972), Cayman Islands (1928), Hong Uong (1966), Montserrat (1960), Turks and Caicos Islands (1946).

Successive British Governments have regarded the question whether the death penalty should be prescribed for murder under the law of the Dependent Territories as a matter for the local

governments and legislatures. The exercise of the Crown's

Prerogative of Mercy has been delegated to Governors, but this does not preclude petitions to The Queen if the Governor decides that the law should take its course. In responding to such petitions it has been accepted policy for the Secretary of State (whose duty it is to advise Her Majesty on such petitions) not to interfere with the Governor's decision so long as that would not

Onginal at HKS 3808

CONFIDENTIAL

/result

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