TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 92

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PRIMARY LEGISLATION V STATUTORY, ORDERS-IN-COUNCIL

1.

A FAUC 1990

I have spoken to Mr Fifoot and the not-too-complicated answer to this question is that the Caribbean Dependent Territories and Bermuda are in different legal relationships with the UK. Under the 1962 West Indies Act Britain reserved powers to legislate for the/Dependent Territories, which means that certain legislation can be introduced there by Orders-in- Council in the UK. In the case of Bermuda the UK did not reserve such powers and so primary legislation is necessary.

2.

In other words there is no difference in effectiveness between statutory Orders-in-Council and primary legislation, but they are different procedurally and Orders-in-Council are simpler to introduce.

3.

In the case of Hong Kong, under the Royal Prerogative as expressed in the Letters Patent, the UK has reserved powers to bring in primary) legislation affecting Hong Kong. An Act of Parliament would not be necessary to abolish capital punishment in Hong Kong alone. This could be done under a prerogative Order in Council by the virtue of the reserved powers described above.

CODE 18-77

8 August 1990

CC: Mr Fifoot, Legal Advisers

OAKAAY

K. Saunders

KAM Saunders