TNAG-1874-FCO40-2665-Relations-between-Hong-Kong-and-other-British-Dependent-Terr-1989 — Page 31

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

CONFIDENTIAL

to them, he would encounter difficulties with their implementation. Miss Anderson referred to a similar problem in the Falkland Islands. Mr Wallace admitted that the exercise of residual powers might pose

But there were special problems in a politically sophisticated DT. recent examples of their use as a means to draw DT governments into line. He referred to examples in St Helena and TCI; Miss Eddis cited a similar case in BVI over the Puisne judge issue. Mr Moody suggested that such threats would have less effect in the case of DTS receiving little or no UK aid.

10. Miss Anderson raised the problem of DTs making initial contact directly with international or regional organisations, rather than through HMG. Members of the European Parliament had recently made direct contact with the Falklands on development issues. Similarly

the Falklands' Director of Civil Aviation had actually been on his way to an international congress in Santiago before HMG found out. His participation was vetoed and the Falklands were represented by the UK delegation. Mr Wallace replied that the normal procedure was for HMG to make the initial approach to the organisation on the DT's behalf and then to delegate authority to the Territory's government. Miss Eddis noted that we had followed this course when TCI had asked to negotiate membership of Caricom.

11. Mr Waterworth, referring to paragraph 4(i) of Mr Wallace's paper, suggested that the proposed constitutional survey should include the compilation of lists of recent examples of the use of reserved powers and royal instructions. There were obvious in-house uses for such a list. Mr Wallace agreed suggesting that this task

might be given to Research Department.

Item 4

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Corporal and Capital punishment: human rights

12. Mrs Britton observed that WIAD had issued letters to Governors

reminding them that DTs which retained judicial corporal punishment

were in defiance of three international human rights conventions.

of the five Governors concerned, only the Governor of Anguilla had

so far replied. Mr January reported that the Deputy Governor of BVI

was due to present a paper to Exco on this subject next week.

He

D.T5AAD/5

CONFIDENTIAL

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