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the month. Short of directing the governor to commute, which would encounter all the objections set out in paragraph 6 iii), the only means to achieve a stay would be to advise the governor that Ministers were now reviewing our policy and in that context an execution would be prejudicial. In all the DTS, we also of course need to recognise that local opinion, both popular and elected, is largely hostile to abolition and that even if HMG took powers to enforce abolition it would be necessary to mount an energetic campaign to put our views across. The agreement of the ODA to construct new prisons capable of holding life prisoners will ease. that task and will demonstrate our seriousness in insisting on good governance. Those supporters in the DTs of abolition who are reluctant to get out in front are waiting for a lead from HMG.
11. Consultation. There is no legal requirement to consult the Dependent Territories, but it is our unvarying practice not to legislate for the DTS without consulting them and a very strong case would need to be made for going ahead against their wishes with legislation affecting their internal affairs. WIAD will handle this so far as Bermuda and the Caribbean are concerned on a case by case basis, while making it clear to the DTs that we intend to introduce legislation to abolish (for Hong Kong see para 13).
12. Practices elsewhere. All the Anglophone independent Caribbean have the death penalty, but implementation varies markedly. For example in Jamaica, 253 are on Death Row (the last execution having taken place in February 1988). Although our Dependent Territories must be seen in the Caribbean context, each one has its own character, traditon and values.
13. Hong Kong. The Governor has been consulted on the lines of this submission and has expressed his
opposition. We recognise the difficulty in which the Governor would be placed by any move which could draw attention to the retention of capital punishment in Hong Kong and the current practice of commuting the death sentence of convicted prisoners. Moreover, at a time
when we are seeking to strengthen the Hong Kong Government's autonomy in the run up to 1997, it would be most undesirable for capital punishment to be abolished in Hong Kong by UK legislation. No action we took before 1997 could prevent the Hong Kong legislature from reintroducing the death penalty after that date, whether
Local or not it had been formally abolished.
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