TNAG-1004-FCO40-1248-Capital-punishment-in-the-Dependent-Territories-1981 — Page 30

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

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referendum would almost certainly show a majority in favour. the islanders in the territory wished to retain capital punishment, there would be very serious political problems locally if these wishes were ignored.

12. Mr Ridley did not himself think that an external Mercy Committee would help since it would not remove the basic political problems. Mitigating circumstances should be taken into account where appropriate, but ultimately the Governor had to take the decision on the basis of the situation in his territory. The Governor was not acting as anyone's representative, but as the person ultimately responsible.

13. Ministers had considered the issue twice and, on the latest occasion, with the added pressure of the BVI case very much in mind. The Cabinet Ministers consulted had unanimously wished to leave the situation as it was. There had, therefore, been a positive political decision. There was no wish to have a Parliamentary debate since it could lead to a political storm at home where many Conservative MPs favoured the return of capital punishment, and would cause hostile reaction in the Dependent Territories.

14. He could assure Mr Davidson of the support of HMG. Whichever decision he took, he would not be criticised by the Government.

15. Mr Russell asked whether The Queen might not be left to exercise the Prerogative of Mercy and be invited to do so in the light of the situation in the Dependent Territories rather than of that in the UK. Mr Ridley said that he was convinced that the decision must be taken in the territory.

16. Mr Davidson said that he accepted the situation as explained by the Minister. However, he thought that the criteria for capital punishment should be brought up-to-date in order to reflect more accurately the current situation in the world. He thought that the removal of capital punishment from Dependent Territories would lead to more stability in them.

17. Summing up, the Chairman said that Ministers would not wish to consider this policy for a third time. However, he would want to discuss the matter further with officials in London and look at ways in which the position of Governors might be relieved.

However, this would not remove from them the final responsibility.

CONFIDENTIAL

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