CONFIDENTIAL
DRAFT
BACKGROUND NOTES FOR DISCUSSION BETWEEN MR ROYLE AND MR GRIEVE
ON QUESTION OF EXTENSION OF HUMAN RIGHTS CONVENTION TO HONG KONG
Reasons why it was considered that Convention should not be
extended to Hong Kong at the present time.
1.
In 1965 when the matter was first considered, the Governor
of Hong Kong was advised that the Colony's Deportation and
Detention Regulations were in breach of Article 6 of the
Convention. The Governor considered that these regulations were
necessary in the existing circumstances in Hong Kong and that
there was no alternative to their retention for so long as the
Chinese Feople's Government refused to accept deportees.
Following a recent request to the Hong Kong Government to review
the current position, the Colonial Secretary replied that the
Deportation and Detention Regulations were still in force in
Hong Kong, and that the Hong Kong Government needed to retain
these regulations although they have not been used in recent
years. One of the main reasons for retaining the Regulations
is that the Chinese People's Government refused to accept
criminal deportees in the 1967 disturbances and, although there
has been no attempt to deport any person since then, it is
uncertain what the attitude of the Chinese authorities would
be today.
2.
Consideration was given to the possibility of extending
the Convention to Hong Kong while keeping the Regulations by
CONFIDENTIAL
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