TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 64

CONFIDENTIAL

I

are fully elected. Overriding the views of a fully

elected body on such an emotive issue would be

politically more difficult, and would be constitutionally improper in view of the obligation imposed on Governors

by the territories' Constitutions to consult those bodies

in each individual case.

7.

Success

Local legislation would require a programme of pressure and publicity in all six territories. could not be guaranteed. Not all Governors have the

power to propose and force through such legislation on

their own account. Local politicians are notoriously

reluctant to give a lead to public opinion. Even if we

were to succeed in persuading one or two legislatures we are unlikely to be able to deliver all six in time to

avoid the risk of an execution.

8.

The only practicable way forward is to introduce legislation in the UK. It would of course be possible to introduce a Bill providing for abolition in all the

Dependent Territories but that could be controversial and

would take up much parliamentary time. A more satisfactory alternative is available in the case of the

five Caribbean territories. Capital punishment can be abolished in these territories by Order in Council, since Her Majesty has expressly reserved to Herself full power to legislate for those territories by Order in Council.

However, there is no such reservation in respect of

Bermuda. Primary legislation would therefore be required to achieve abolition in that territory, unless the

Bermuda legislature itself took action.

/The Caribbean DTS

CONFIDENTIAL