TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 163

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Ms Marover 11/1 Mr. Strpe 7/6

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CONFIDENTIAL

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RECEIVED IN REGISTRY

12 JUN 1990

SK

A.J. Beamish

Date: 6 June 1990

visers

c.c. Legal Advisers Hong Kong Dept. Falkland Islands Dept

Mr. Gorham, WIAD

CAPITAL PUNISHMENT:) CARIBBEAN DTS AND BERMUDA

1.

Two capital sentences are outstanding and there is the prospect of three or four more before the year is out. Under the Creech Jones doctrine, it is for governors to decide whether or not hangings should take place. Given that the death penalty has been abolished in the UK, executions carried out in territories for the good governance of which HMG is responsible would be anomalous. The awkward fact is that, as far as we know, both public and legislative opinion in the territories themselves is in favour of hanging.

2.

I understand that there are broadly four options available to us if we want to ensure that death sentences are not carried out:-

(i) abolish the death penalty:

(a) by primary legislation in the UK either in the form of a new bill or amending the Criminal Justice bill;

(b) by Order in Council (save in the case of Bermuda, to which an Order in Council could not apply);

(ii) Direct governors to commute in every case;

(iii) Persuade local legislature to introduce local

legislation abolishing the death penalty.

I

As far as primary legislation in the UK is concerned, gather that there is no room in the Parliamentary calendar for a new bill and that amending the Criminal Justice bill would mean that change could not take effect until some time late next year at the earliest. More promising perhaps would be an Order in Council applying to the Caribbean DTs. It would no doubt arouse local opposition but, at the end of the day, we have the power to act. If the death penalty were abolished in the Caribbean DTs, Bermuda would be that much more exposed and opinion there might be influenced

TINAEK

CONFIDENTIAL