TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 108

legislation in the UK

Administrative action is this way the problem has been solved in

Hong Kong. In 1973 (when abolition of the death penalty was being debated here) the Governor in Hong Kong was instructed to commute a

death sentence and since then Governors have invariably commuted.

There is however a crucial distinction between Hongkong and the Caribbean Dependent Territories and Bermuda. Constitutionally the Caribbean Dependent Territories and Bermuda are more advanced and most importantly their EXCOS are fully elected. Ministers have felt able to override ExCo in Hong Kong on the grounds that as it is not

a fully elected body ExCo could not advise the Governor against exercising the preogative of mercy. Clearly, overriding the views of a fully elected body on such an emotive issue would be out of the

question.

5. As regards local legislation, this would require a programme of pressure and publicity in all six territories the outcome of which

could not be certain. Local politicians are notoriously reluctant

to give a lead to public opinion and Governors have no powers to propose and force through legislation on their own account. Even if we were to succeed in persuading one or two legislatures it could be a long time before we could deliver all six. Meanwhile, the risk referred to in paragraph 3 above would still be with us.

6.

I am convinced that the only way the matter can be

satisfactorily resolved is by primary legislation here, but finding the time for a bill, of even this limited nature, is currently out

of the question and in any case there is the urgency arising out of

the case in Anguilla. For the reasons already given I cannot

instruct the Governor there to commute but if we were to agree that the question of captial punishment for murder in the Dependent

Territories was to be reviewed by HMG in the UK and that proposals

were to be presented to Parliament then I could reasonably ask the

Governor to defer the implementation of the death sentence until

this review was completed on the grounds that a deferment could mean

the difference between life and death.