TNAG-1923-FCO40-2728-Capital-punishment-in-Hong-Kong-1989 — Page 12

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

JK legislation;

in view of the strength of local feeling and the

constitutional position in those Territories where there

vere elected legislatures ie Bermuda and the Caribbean

Dependent Territories, the question of abolishing or

retaining the death penalty should be left to local

tecision;

except where there had been a clear miscarriage of

justice, decisions on execution/commutation should

Continue to be left to Governors.

These guidelines were again reviewed by FCO Ministers in

986 and were endorsed.

have enclosed with this letter a paper to show which of

ur Dependent Territories retains the death penalty and,

f so, whether diminished responsibility is an acceptable

lefence and the date of the last execution.

(including

roadly speaking in each of the Dependent Territories

hich retains the death penalty, the situation is the

ame. Once the judicial appeal processes

appeal to the Judicial Committee of the Privy Council)

Have been completed, the Governor is constitutionally

ound to consult an advisory committee.

Although the

Composition of this body varies from one DT to another,

t generally includes local Ministers and/or other senior

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