DRAFT SPEAKING NOTE
1.
We need a policy for those Dependent Territories which elect to remain under the British Crown. The present patch and mend approach is not good enough.
2. UK Parliament has made its views clear. But a free conscience vote is a luxury which we cannot afford to give to the Dependent Territories, for whom we have ultimate responsibility.
3. HMG must remove the decision whether a man should be executed from the Governor not by administrative or constitutional fiddle but by means which are constitutionally proper, provide legal certainty and can be defended before the UK Parliament.
4. At the end of the day I as SOSFA have to answer to Parliament for the good government of the DTs. No-one else can take that responsibility. I am not prepared to defend executions in any of
our DTS.
If pressed
Bermuda
I believe Bermuda will read the signals which we give her correctly and follow down the same path. Meanwhile, actions which we take in respect of the Caribbean will help our Governor fend off attempts for the imposition of the death penalty in any case where he has to consult his Mercy Committee.
Hong Kong
Hong Kong will go its own way after 1997. Meanwhile I wish to build up her autonomy. She is free to abolish the death sentence penalty now if she so wishes.
The fact is that if we were to remove the death penalty from the Statutes before 1997 it would still be open to the Hong Kong Special Administrative Region to re-instate after 1997.
FERAAS
CONE IDENTIAL
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