TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 93

Capital

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Mr Gorham, WIAD

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INDEX

07 AUG 1990

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Capital punishment in the Dependent Territories

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The Secretary of State held a meeting this afternoon to discuss this issue. The Secretary of State agreed that:

we did not want the execution in Anguilla to take place;

an amendment to the Criminal Justice Bill was not feasible for the reasons suggested in Mr Hatfull's minute of 25 July;

the Governors in the Dependent Territories concerned should be told that HMG did not wish capital sentences to be carried out but this would run counter to the constitutions of the territories concerned;)

although there was a residual prerogative of mercy exercisable by The Queen on the advice of Her Ministers, its use was heavily constrained in the form laid down under the Creech Jones Doctrine;

Hong Kong provided a partial model for what might be done in Caribbean Dependent Territories. There, indications of the Government's unwillingness to see the death penalty implemented had led to it becoming automatic practice of Governors to commute death sentences. This was not liked locally but was accepted. The Hong Kong model could not, however, be applied directly to the Caribbean Dependent Territories without appearing to override their constitution. While drawing the Hong Kong model to the attention of the Governor of Anguilla and other Caribbean Governors, we should therefore need to indicate that it was also the Government's intention to put through Orders-in-Council abolishing capital punishment in the five Caribbean Dependent Territories;

the Governor of Anguilla should be advised in the meantime not to set a date for execution;

a minute should be drafted from the Secretary of State to the Lord President, the Home Secretary, the Chief Whip and other interested colleagues alerting them to the proposed course of action. This minute should also point to the fact that primary legislation would in due course be needed to cover the case of Bermuda.

30 July 1990

Shan

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(J S Wall)

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