TNAG-1004-FCO40-1248-Capital-punishment-in-the-Dependent-Territories-1981 — Page 21

GRS 583

CONFIDENTIAL

TELELETTER

FROM H MCQUADE, HKGD

HKG 380/2 DATED 16 JULY 1981

CONFIDENTIAL

нка 380/2

BAMO 3 MOSELY CO. 51

2 1 JUL 1981

OFFICER

PA

NO

TAR | L Ter

19955

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FOLLOWING FOR R C MASEFIELD, INFORMATION BRANCH, HONG KONG

YOUR TELNO 675: CAPITAL PUNISHMENT

1. FOLLOWING IS TEXT OF LETTERS BETWEEN MR MARKS AND MR RIDLEY

RESPECTIVELY:

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WHEN VISITING THE BRITISH VIRGIN ISLANDS ON THE CPA

CONFERENCE EARLIER THIS YEAR, I WAS SURPRISED TO DISCOVER THAT

CAPITAL PUNISHMENT WAS STILL APPLICABLE ON THE ISLANDS FOR

MURDER AND INDEED TWO MEN WERE AWAITING TRIAL AT THAT TIME.

SINCE THEN, I UNDERSTAND THAT THEY HAVE BEEN SENTENCED TO DEATH.

PETER BLAKER ALSO INFORMED ME IN A PARLIAMENTARY QUESTION

ON THE 29TH OCTOBER THAT THERE ARE MEN ALSO SENTENCED TO DEATH

IN BELIZE AND ONE HELD FOR TRIAL IN THE TURKS AND CAICOS ISLANDS.

IT DOES SEEM TO ME THAT THERE IS AN ANOMALY HERE. THESE

COLONIES HAVE CHOSEN DEPENDENCY STATUS AND THE PREROGATIVE OF

MERCY WHICH THE CROWN HELD IN THIS COUNTRY BEFORE THE ABOLITION

OF THE DEATH PENALTY IS NOW APPARENTLY DELEGATED TO GOVERNORS.

THIS DOES SEEM TO BE A VERY CONSIDERABLE ONUS TO PLACE ON

GOVERNORS WHO ARE VERY OFTEN INTIMATELY CONCERNED WITH THE LIFE

OF THE COLONIES. I THINK THIS APPLIES PARTICULARLY IN THE TURKS

AND CAICOS AND THE BRITISH VIRGIN ISLANDS WHERE THE POPULATIONS

ARE VERY SMALL AND THE GOVERNORS ARE KNOWN PERSONALLY TO MOST OF

THE POPULATION.

IN HIS REPLY TO ME OF THE 29TH OCTOBER, PETER BLAKER POINTED OUT THAT HER MAJESTY HAS A RESIDUAL POWER, ON THE ADVICE

OF THE GOVERNMENT, TO EXERCISE THE PREROGATIVE OF MERCY.

IN VIEW OF THE VERY CONSIDERABLE MAJORITY AGAINST CAPITAL

PUNISHMENT IN THE HOUSE OF COMMONS, MAY I URGE YOU TO ADVISE

HER MAJESTY TO EXERCISE THIS POWER IN ALL CASES IN THE REMAIN-

ING COLONIES.

I HAVE STARTED AN EARLY DAY MOTION IN THE COMMONS ON THE

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CONFIDENTIAL

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