TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 75

punishment for murder in Bermuda, unless the Bermuda legislature

itself abolished it.

7. As regards the five Caribbean territories, I propose an Order for Anguilla under section 1(2) of the Anguilla Act 1980; in

accordance with section 1(4) this would not need to be laid before

Parliament. For BVI, Cayman Islands, Montserrat and TCI, an Order

(or Orders) would be made under section 5 of the West Indies Act

1962; in accordance with section 7(3) such an Order (or Orders)

would simply require to be laid before Parliament after being made.

Accordingly, none of the Orders require affirmative resolutions or

would be subject to annulment or amendment by a resolution of either

House.

8. Whereas a Bill would necessarily involve debates in both

Houses of Parliament, Orders in Council dealing with the five

Caribbean territories would not. It would, however, be open to

members of either House to call for a debate on the issue in the

usual way, and there must be some likelihood of this. The Orders

could not, however, be amended or annulled by a vote on such a

debate. I wish therefore to aim for the October Privy Council.

All five Orders, taken together, could perhaps provide a single one

and a half hour debate. I shall argue that there is no time for

legislation by a Bill.

9. If faced with questions in the Commons on why we had decided to take this course, I would emphasise that there had been only three cases of capital punishment in the Dependent Territories since its

abolition in the UK for cases of murder, and none since 1977. I

would point out that as Secretary of State, I was ultimately answerable to Parliament for the good government of Dependent Territories and therefore responsible for ensuring that as far as possible Governors should follow UK legislation and practice, particularly in an area where the UK Parliament has expressed a clear and consistent view over many years. I would also point to the difficulties we would increasingly face if asked to secure an extradition to a Dependent Territory where capital punishment

remained on the statute book.

MP9AAV/4

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