TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 74

(i)

(ii)

administrative action;

local legislation in the six Dependent Territories;

(iii) legislation in the UK

Administrative action was possible to solve the problem in

Hong Kong because of the constitutional position there. In 1973 (when abolition of the death penalty was being debated here) the

Governor in Hong Kong was instructed to commute a death sentence and

since then Governors have invariably commuted. Constitutionally the

Caribbean Dependent Territories and Bermuda are more advanced and their ExCos are fully elected. In Hong Kong's case, Ministers were

able to override ExCo on the grounds that it is not a fully elected

body. Overriding the views of a fully elected body on such an emotive issue would be politically out of the question, 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.

5.

Local legislation would require a programme of pressure and publicity in all six territories. Success 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.

6. I have concluded therefore that there is no alternative to the

introduction of UK legislation. In the meantime, I cannot instruct

the Governors to commute but once Governors have been told of the

course I propose to follow I could reasonably ask them to defer the implementation of death sentences on the grounds that abolition in

the territories was imminent. It is lawful to abolish capital

punishment for murder in the five Caribbean 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. legislation would therefore be required to abolish capital

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