CONFIDENTIAL
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can be expected to press us on the Dependent Territories' anomalous position, accuse HMG of being in breach of our international obligations (we are not) and ask why we have not enacted consistent legislation in the DTs. Governors have been consulted.
Our
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Background
4.
In recent years, only Bermuda of all the DTs has confronted us with dificult capital punishment decisions. Capital punishment
punishment remains on the statute books in Hong THE DEATH PENALTY HAS NOT BEEN CARRIED OUT SINCE Kong, but because government in Hong Kong is not
r
esentative, The Governor is under instructions from the acretary of State to commute in all cases.
5. Policy on capital punishment in the DTS stems from the 1947 Creech-Jones Doctrine, which laid down that it for Governors to exercise the Prerogative of Mercy, and that the Secretary of State should not advise The Queen to extend clemency to convicted murders unless there had been a clear miscarriage of justice. A ministerial review in 1973 upheld this approach and concluded that: since local feeling in the Caribbean DTS and Bermuda was strongly in favour of hanging, determination of policy should be left to local decision; UK legislation to abolish should not be considered; and Governors should continue to decide on commutation or
execution (except where there had been a clear miscarriage of justice).
6. In October 1986, my predecessor recommended that UK legislation to abolish capital punishment should be
The only alternative was to retain The
enacted.
2.
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