CYPHER/CAT A
VƯƠNG XỨNG 1811932
CONFIDENTIAL
CONFIDENTIAL
1973
19/11/1 18/7
TO ROUTINE FCO TELMO 49 OF 12 JANUARY INFO HONG KONG GOVERNMENT
OFFICE LONDON (FCO PLEASE PASS).
FOR STUART FROM NORMAN-WALKER.
YOUR LETTER OF 19 DECEMBER AND YOUR TELEGRAM 1139. ŒŒ Last File
EUROPEAN CONVENTION ON HUMAN RIGHTS,
VITA
THE ATTORNEY GENERAL HAS CONFIRMED THAT AS SAID IN 1965
ALTHOUGH THE PROVISIONS OF ARTICLE 6 ARE FULLY SATISFIED IN ORDINARY
CIRCUMSTANCES IN HONG KONG, THEY ARE BREACHED BY OUR EMERGENCY (DEPORTATION AND DETENTION) REGULATIONS. THESE ARE STILL IN FORCE, ALTHOUGH WE HAVE NOT HAD OCCASION TO USE THEM DURING THE PAST FOUR
YEARS OR SO.
2. WE WOULD NOT WISH TO REVOKE THEN AS THERE MAY COME A TIME WHEN
IT IS NECESSARY TO USE THEM AGAIN FOR INSTANCE, TO DETAIN MARCOTICS OFFENDERS OR SPIES WHOM IT IS IMPOSSIBLE TO DEPORT.
3. ONE MEANS OF KEEPING THEM IN FORCE EVEN IF THE CONVENTION WERE
APPLIED TO HONG KONG MIGHT BE BY USE OF ARTICLE 15, WHICH ALLOWS
A PARTY TO DEROGATE FROM ITS OBLIGATIONS UNDER THE CONVENTION
QUOTE IN TIME OF WAR OR OTHER PUBLIC EMERGENCY THREATENING THE LIFE
OF THE NATION UNQUOTE. BUT WE DOUBT WHETHER THIS WOULD BE CONSIDERED
APPROPRIATE OF DESIRABLE.
4. THERE 18 NO EVIDENCE THAT THE ATTITUDE OF THE CHINESE AUTHORITIES
TOWARDS CRIMINAL DEPORTEES HAS CHANGED SINCE THE DISTURBANCES IN 1967, BUT WE HAVE NOT TRIED TO DEPORT ANY SINCE THEN AND
CANNOT THUS BE CERTAIN WHAT 17 WOULD NOW BE.
;
5. IN GENERAL, HOWEVER, WE DO NOT ANYWAY CONSIDER THAT IT WOULD REALLY BE APPROPRIATE TO EXTEND A CONVENTION WHICH IS INTENDED PRIMARILY TO DEAL WITH HUMAN RIGHTS IN DUROPE TO COVER THE PREDOMINATELY CHINESE COMMUNITY OF HONG KONG. FURTHERMORE, THERE WOULD NOT SEEM TO BE MUCH POINT IN APPLYING ARTICLE 6, OR ANY OF THE OTHER SUBSTANTIVE ARTICLES, UNLESS THE TWO OPTIONAL ARTICLES
CONFIDENTIAL
/(25 AUD L6)