TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 175

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BERMUDA: CAPITAL PUNISHMENT

2

- 157, PW hve

Death Penalty

From: K J Chamberlain Date: 4 January 1990

cc: Mrs Britton, UND

Mr Butt, Policy Planning Staff

Blind copy; Mr Edwards

Legal Adwinars 4/1/90

HKB 380 /\

RECEIVED IN

DESK

27 FEB 1990

INDEX Í

1. I refer to Sir Desmond Langley's letter to you of 21 December.

2. The Governor's letter crossed with Catherine Britton's minute to Mr Butt of 19 December. In that minute Mrs Britton advocates applying the "Hong Kong solution" to appeals for clemency in respect of our DTS, including Bermuda. I am in basic agreement with this suggestion and I would hope that whatever we do in respect of Bermuda could be consistent with any change in policy with regard to capital punishment in our DTs generally. Unfortunately in the case of Bermuda the issue is complicated by the forthcoming referendum. It may perhaps be unwise to make any public statement about any change in our policy in advance of the referendum result since we could then be accused of attempting to influence that result. If the Governor is required to take a decision on the exercise of the prerogative of mercy before the referendum result, he should in all such cases commute the death penalty, after consulting the Mercy Committee, justifying his decision, if necessary, on the grounds that it would be inappropriate to carry out the death penalty while the issue of the retention of capital punishment is the subject of a referendum. It seems to me that in any event there is a chance that the Mercy Committee will take the same attitude and there will therefore be no conflict between the Governor and the Committee.

3.

If the result of the referendum is in favour of the retention of capital punishment then we shall clearly need to review our policy. In my view, the case for adopting the "Hong Kong solution" is perhaps stronger. We would make it clear to Bermudan Ministers that, despite the referendum, the British Parliament simply will not wear the carrying out of the death penalty in any British DT, and the Foreign Secretary is ultimately responsible to the British Parliament for the good government of all our DTs. While the Governor will continue to examine each case on its merits, taking into account the advice

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