TNAG-1005-FCO40-1254-Capital-punishment-in-Hong-Kong-1981 — Page 37

CONFIDENTIAL

BACKGROUND NOTE

DSR HIC

C

1. Capital punishment is retained in 8 British Dependent

Territories (the year of the last execution in each

Territory is given in brackets):

2.

Anguilla)

Belize (1980)

Bermuda (1977)

British Virgin Islands (1972)

Cayman Islands (1928)

Hong Kong (1966)

Montserrat (1960)

Turks and Caicos Islands (1946)

Successive British Governments have regarded the question

of whether capital punishment should be the penalty for

murder in the Dependent Territories as a matter for local

governments. The exercise of the Crown's Prerogative of

Mercy has been delegated to Governors, although this does

not preclude subsequent appeals either to The Queen or the

Secretary of State if the Governor decides that the law

should take its course. For all Dependent Territories

except Hong Kong it is accepted policy that in responding

to such petitions the Governor's decision should be supported.

The only circumstances where the decision might be reversed

would be if there might otherwise be a miscarriage of

justice.

But this is extremely unlikely and there is no

such case on record.

3.

This policy known as the Creech-Jones doctrine after

the Colonial Secretary who outlined in 1947, although he

was doing no more than deseribing what was already a long-

established practice.

4.

Hong Kong

The Creech-Jones doctrine is only a

דזגידי

/statement

APAK- ANCATE