TNAG-1005-FCO40-1254-Capital-punishment-in-Hong-Kong-1981 — Page 18

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CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

Problem

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1. To decide what policy to adopt towards the continued existence of capital punishment in certain British dependent overseas

territories.

Recommendation

2. I recommend that Ministers should be asked to say whether they wish to maintain the policy of not intervening in capital cases in those dependent overseas territories where the local government have decided to retain capital punishment; or whether they would prefer to take steps to secure the abolition or suspension of capital punishment in all British dependent overseas territories.

Background

3.

The detailed background is set out in the attached memoradum. Successive British Governments have followed a policy of allowing colonial governments to decide for themselves whether to retain capital punishment and of leaving it to Governors to decide when the prerogative of mercy should be exercised. There has, however, been growing pressure for some change in this policy, particularly since capital punishment for murder was abolished in this country in 1969. This is likely to increase following the decisive rejec- tion by the House of Commons last summer of the proposal to

reintroduce capital punishment for murder in the UK.

4.

Repeated attempts have been made to persuade the governments of the dependent territories where capital punishment still exists to introduce their own legislation to abolish it. Seven territories

have consistently declined to do so, and there is little prospect of their changing their minds now.

CONFIDENTIAL

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