TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 100

MU

B

C

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Justice and Protecting the Public" was now being prepared, and that instructions to Counsel are to issue before the summer break with a view to introducing the Bill in the next session during the last week of November. This presents an opportunity to pursue the Secretary of State's suggestion.

4. Ministers reviewed the DT capital punishment issue in 1973, 1977 and 1986. Advice from officials and from the law officers on the merits of the issue has consistently argued that the best solution on legal grounds would be the abolition of capital punishment by primary legislation in the British Parliament. Proceeding by administrative action raised difficulties and could not be free of practical or constitutional objections or the charge of misleading Parliament if, for instance, we were to attempt instructing Governors to commute in every case.

5. The advice we have been given is that the business managers are unlikely to find sufficient parliamentary time to introduce a separate Bill for the DTs even if Ministers juäged it politically appropriate on its merits. However, we have to recognise that the Criminal Justice Bill is a government bill whereas UK legislation to abolish capital punishment for murder was achieved by Private Members on a free vote. This underlines the value of the opportunity presented by the Criminal Justice Bill which gives us a unique opportunity to incorporate aboliton in the body of a far-reaching piece of criminal reform. It would be an appropriate vehicle to bring about an important advance in DT criminal legislation. It would not be construed as a deception but with a fair wind would place the matter in a quieter context, so long as the DT clause was clearly presented.

6. In the earlier submissions to ensure death sentences in the Dependent Territories are not carried out three options were identified:-

i) To abolish capital punishment by primary legislation in the UK (required for Bermuda), or by Order-in-Council, (which could be applied to the five Caribbean Dependent Territories). Primary legislation would require debates and an

Order-in-Council which would have to lie before the House would also be subject to debate.

ii) To persuade local legislatures to introduce

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