TNAG-1004-FCO40-1248-Capital-punishment-in-the-Dependent-Territories-1981 — Page 19

CONFIDENTIAL

H

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES :

SUMMARY OF SUBMISSION

Problem and Recommendation

1.

HMG's attitude to the application of the death penalty in

the Dependent Territories differs as between Hong Kong, where

automatic commutation is the practice, and the other dependencies

where the law is generally allowed to take its course.with no

question of interference by HMG. It is recommended that this

situation should continue.

Background

2.

In all dependencies except Hong Kong the Creech Jones doctrine

applies. If the Governor, after consulting his local advisers,

considers that an execution should go ahead and a petition is made.

to The Queen or the Secretary of State, no attempt is made to

interfere with the Governor's decision unless a miscarriage of

justice appears possible.

3. In Hong Kong, since 1973, the Governor in Council has auto-

matically commuted death sentences. This is backed by a 1975

statement that rejection of a plea for clemency would not be

possible while feeling in the House of Commons was against capital

punishment.

4.

The difference in treatment of Hong Kong and the other

territories has recently received some attention in the Hong Kong

press but there has been no pressure for change.

Argument

5.

1

Removal of the death penalty for murder in Hong Kong from

the Statute Book would not be politically feasible. Nor would

abolition of the death penalty in the other territories.

/6.

CONFIDENTIAL