TNAG-1004-FCO40-1248-Capital-punishment-in-the-Dependent-Territories-1981 — Page 16

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Council, later raised the question in a call on Mr Ridley, who

undertook to reflect on the matter. There has apparently been

little media or public interest in Hong Kong since the 'South

China Morning Post' article.

9. Mr Ridley thought that it might be hard for Ministers to

defend the exceptional procedure in Hong Kong and asked the

department to submit on the question.

Argument

10. Abolition of the death penalty for murder in Hong Kong by

local legislation would be feasible only by the use of the

Governor's official vote; there would be no unofficial majority

in the Legislative Council in support of this. Nor would abolition

by HMG by Order in Council be politically acceptable. The Governor

has made clear that, while the present practice of automatic

commutation is generally accepted, a move by HMG to remove the

death penalty for murder from the Statute Book in the Territory

would create a major row.

11.

In theory, one way of achieving uniformity of treatment for the

Dependent Territories would be to require them all to abolish the

death penalty for murder. However, this would be politically

out of the question in the West Indian territories where the

practice of non-intervention from London has been established over

many years. There would be no means of inducing the local legis-

latures to pass the necessary legislation and action by Order in

Council or by the Westminster Parliament would be deeply resented.

Moreover, it would also involve the removal of the death penalty

for murder from the Hong Kong Statute Book. The Governor has made

it quite clear that this would revive the issue of capital

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