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Mr AC Stuart Stuart

Traft discussed with 1. Sefoot and revised

MR PERCY GRIEVE'S PARLIAMENTARY QUESTION ABOUT THE EXTENSION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS TO INCLUDE HONG KONG.

1. The Parliamentary Unit have asked to receive a draft answer to this question by noon tomorrow.

BACKGROUND NOTE

2. Mr Grieve wrote to Mr Royle on 21 November enclosing a letter from a Mr H G Beard, which raised the question of why the European Convention on Human Rights did not apply to Hong Kong [Mr Beard was at one time employed by the Hong Kong Government, but was dismissed and subsequently petitioned the Governor and the Secretary of State]. Mr Royle replied to Mr Grieve on 12 December and said he would write again when the current position had been reviewed.

3. The question was last raised in 1965 when the Hong Kong Government said that they did not wish the Convention extended to Hong Kong. Your minute of 8 December outlines the reasons why the Hong Kong Government considered that the Convention should not be applied to them at that time.

Hong Kong were consulted about this latest P& and Sir Hugh Norman-Walker replied in Hong Kong tele- gram No 49 of 12 January. The answer was the same as when this question was last raised in 1965% in that they do not wish the Convention to be extended to Hong Kong. Their suggested reply to the P was con- tained in paragraph 7 of telegram No 49 of 12 January. Mr Crowson then minuted to Mr Fifoot (Legal Advisers) for his advice on the validity of the Hong Kong reply and also consulted WCD and FED. Mr Fifoot was not happy with Hong Kong's proposed explanation un not extending the Convention to the colony, for the reasons given in paragraph 2 of his minute of 17 January. WOD and FED both agreed with him that the Hong Kong reply was unsatisfactory.// I store submit a draft reply and notes for supplementaries, based on Mr Fifoot's suggested reply.

a

KcWottic

A L Wotton

22 January 1973

Thanks. We must now consider a further

No Wotter

Letter to Mr Grève.

Let us

discuss

Des

DD 897261 230443 500M 5/72 GM 3643/2

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