TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 157

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

3

Secretary of State

CONFIDENTIAL

CAPITAL PUNISHMENT IN THE CARIBBEAN DEPENDENT

TERRITORIES

1.

I have discussed this again with officials.

conclusion was that if we are to achieve our objective of

ensuring that there are no more executions within DTs,

there were two options:-

Our

a) make an Order in Council; or

b)

make a statement in Parliament.

The Law Officers have however now written to oppose the second option.

Order in Council

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

on the substance (Lord Waddington) and on procedure (the Lord President and the Home Secretary) stayed our hand

when we were about to go down the OIC route following the

Criminal Justice Bill debate in December. The outcome of the debate - a 2 to 1 majority, should be encouragement to return to the charge on the substance, and given that

a new OIC would be free standing and not linked to the

one in December we can overcome the procedural objections

made then.

3. By a mischance, our intentions in December were

conveyed to the Chief Minister of the BVI. He has

CONFIDENTIAL

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