TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 119

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001601 MDLOA 1697

OF THE ANGUILLA CASE IS ONE REASON WHY THIS ISSUE HAS COME TO A HEAD AT THE PRESENT TIME. THE OTHER FACTOR IS THE OPPORTUNITY WHICH APPEARS TO BE OFFERED BY THE IMPENDING CRIMINAL JUSTICE BILL.

4. MINISTERS HAVE NO POWER TO INSTRUCT GOVERNORS TO COMMUTE DEATH SENTENCES (IE TO SOLVE THE PROBLEM BY ADMINISTRATIVE MEANS, AS HAS BEEN DONE IN THE CASE OF HONG KONG) UNLESS THE LOCAL CONSTITUTIONS ARE CHANGED. THE ONLY OTHER WAY OF DEALING WITH THE CAPITAL PUNISHMENT ISSUE IN BERMUDA AND THE CARRIBEAN DEPENDENT TERRITORIES WOULD BE TO PERSUADE LOCAL LEGISLATURES TO INTRODUCE LOCAL LEGISLATION TO ABOLISH THE DEATH PENALTY. THIS HAS INVARIABLY MET RESISTANCE WHENEVER GOVERNORS HAVE TRIED TO INFLUENCE THE DEBATE. AN ADVISORY REFERENDUM ON CAPITAL PUNISHMENT IS TO BE HELD IN BERMUDA ON 28 AUGUST. IF THE RESULT OF THIS REFERENDUM WAS IN FAVOUR OF ABOLITION (WHICH WE JUDGE UNLIKELY), IT WOULD PROBABLY BE UNNECESSARY TO PASS PRIMARY LEGISLATION IN THE UK IN RESPECT OF BERMUDA. BUT EVEN IF THE REFERENDUM IN BERMUDA WERE TO SOLVE OUR PROBLEM THERE WE WOULD STILL BE FACED WITH THE NEED FOR AN ORDER IN COUNCIL FOR THE FIVE CARRIBEAN TERRITORIES, AND THIS WOULD OF COURSE HAVE TO BE DEBATED.

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MR BUTT, PLANNERS

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MR MCLAREN

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