TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 145

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DRAFT CONTINUATION

DSR 11C (Revised 12/89)

propose legislation, the object of which was solely to

abolish the death penalty. The Criminal Justice Bill

however, gives us an admirable opportunity if the Home

Office and the La President can be so persuaded, to give

Land

cover to abolition in the body of a far-reaching piece of

criminal reform. This would not be a deception of

Parliament or of public opinion but would place the

matter in its relatively minor context in the eyes of

public opinion in this country.

In Confidence

6.

It has been generally held that to

to ensure death

sentences in the Dependent Territories are not carried

out we have four options:-

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

legisation would require a debate but an

Order-in-Council which would have to

which would have to lie before the

House would also be subject to debate.

ii) To direct Governors to commute in every case

where the advice they have received from their local

Mercy Committee (in some cases ExCo) opposes the

exercise of the Prerogative of Mercy. To instruct

Governors in this fashion has been rightly dubbed

"back-door abolition", since it would purport to

changing the

the law of each Dependent Territory by

executive action and would conflict with the letter

Stock No. C002B