TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 119

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

Better Await until we know the Sec. I state reaction,

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Miss Marssen

Ms Saunders 7/1

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Pn. Death

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MAB 380/1

FROM:

DATE:

Mark Lennox-Boyd

16 January 1991

CC:

Mr McLaren

Sir Arthur Watts,

Legal Advisers Mr Chamberlain,

Legal Advisers Mr Beamish

Mr Gorham, WIAD HKD

A

B

C

DE

Secretary of State

CAPITAL PUNISHMENT IN THE CARIBBEAN DEPENDENT TERRITORIES

1.

I write this further note in the light of the fact that on the most important division in the debate on capital punishment last December the House voted 2:1 against, and that the fate of the condemned man in Anguilla remains to be decided. The Governor is under the strongest local pressure to allow the execution to proceed and action here is therefore required.

Our

2. I have discussed the matter again with officials. conclusion was that if we are to achieve our objective of ensuring that there are no more executions, there were two options:

a) make an Order in Council; or

b) make our views known to Governors, backed by an

inspired written PQ and answer in Parliament.

The Attorney General has now advised that the second option amounts to improper interference with the Governor's discretion.

Order in Council

3.

The case for this procedure was set out in your own minute of 13 December. You will recall that objections on

the substance (the Lord Privy Seal) and on procedure (the Lord President and the Home Secretary) stayed our hand when we were about to go down this route following the Criminal Justice Bill debate in December.

4. Proceeding by Order in Council would remove all ambiguity and the constitutional proprieties would be respected. The Chief Whip is content for us to proceed in

PO2ABT

CONFIDENTIAL

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