TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 73

majestatis; UK Ministers would not advise The Queen to intervene

except in the exceptional circumstances of a manifest miscarriage of

justice. In practice, therefore a Governor's decision on

commutation takes little or no account of the will of the British Parliament which has been clearly and consistently expressed in successive free votes on abolition. In the Islands, public opinion is invariably hostile to convicted murderers from elsewhere. This

fact frequently weighs heavily (and unfairly) with Mercy Committees.

Hence, the UK government could find itself in an embarrassing position when intervening on behalf of individuals sentenced to death in other jurisdictions eg Iraq, Thailand, if we were challenged to explain the basis of our contenton that a similar intervention in Bermuda or a Caribbean Dependent Territory would be deemed unconstitutional and inter alia destroy the authority of the

Governor.

3. The last execution in a Dependent Territory was in 1977. There are 13 cases current, any one of which could result in an execution,

and in Anguilla a decision by the Governor on an execution date is already overdue. For reasons of law and order it would be helpful if Governors no longer had to take a decision to execute. There is a real risk that a decision one way or another may spark unrest and lead to a threat to public order. In 1977 because of an execution

in Bermuda and 1978 because a sentence was commuted in the British

Virgin Islands we were obliged at some cost to deploy the Armed

Forces to control unrest. Moreoever, we must bear in mind that as a

result of the recent decision of the European Court of Human Rights in the Soering case, we may find it increasingly difficult to secure the extradition to a Dependent Territory of someone charged with a capital offence unless the UK Government is able to give a categoric assurance that the death penalty would not be carried out.

Defending in Parliament and elsewhere, nationally and internationally, our DT arrangements would in any case present obvious difficulties. Justifying the action of a Governor who in conscience has decided he has no alternative but to implement the death penalty would present us with immeasurable problems. This possibility cannot, under present arrangements, be ruled out.

4. There are three ways we could bring about change:

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