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decisions to commute. This approach would bring us broadly into line with the practice in Hong Kong and might avoid some of the problems there which legislation to abolish in the other territories would cause.
7.
There are however, a number of stings in the tail. First, the pressure upon a Governor to abide by local wishes (ie to execute), would not be removed, and controversy could arise over a decision taken by him which ran counter to the wishes of the local majority. There could be petitions demanding his recall. Secondly, it is conceivable that a Governor, as leader of his local community, might sympathise with the popular demand and seek to disregard the wishes expressed by the Secretary of State in the answer to the PQ. News of a conflict of opinion would be damaging to us. In these circumstances we would have to assign such a Governor to other duties. If asked in Parliament what we would do if such a case were to arise, we would say that the question was hypothetical, but that we had no doubt that Governors would take full account of the wishes of the UK Parliament in reaching their decisions.
8.
My advice is that you should place these two options before the group of Ministers suggested in paragraph 4, indicating that you prefer option (a).
9. By a mischance, our intentions in December were conveyed to Mr Lavity Stoutt, the Chief Minister of the BVI. He has written to you expressing strong opposition to the abolition of the death penalty and seeking an assurance that we would not legislate against local wishes. He encouraged his colleagues in other Caribbean DTs to take similar action. His letter tells us nothing we did not know. I would propose, once our policy is agreed, to reply on your behalf, copied to the other Chief Ministers. Meanwhile, the department have instructed Governors to tell their Chief Ministers to hold off from starting a line of correspondence.
10. We considered a number of other theoretical options, but rejected them on grounds of being wholly constitutionally improper or politically unfeasible:
viz
i) The Foreign and Commonwealth Secretary of the day to
go over the heads of Governors and advise HM The Queen to exercise the prerogative. (This course which would have to be announced in Parliament, would be constitutionally improper).
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