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accepted extension
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Dr. Mercer
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You asked for a note of the position of the Colonies in regard to this Convention.
The following territories have not yet replied to our circular: Jamaica, Malta, New Hebrides, Sarawak, Manast
The following territories have replied and the position is still under consideration either here or locally: Federation of Malaya, Hong Kong, Gold Coast Bermuda.
The following territories have said that they agree to the Convention being extended to them: Aden Colony, Bahamas, Barbados, British Guiana, Falklands, Fiji, Gambia, Gibraltar, Kenya, Leeward Islands, Mauritius, Nigeria, N. Rhodes, a, N. Borneo, Nyasaland, St. Helena, Seychelles, Sierra leone, Singapore, Somaliland, Tanganyika, Trinidad, Uganda, Western Pacific (Gilbert and Ellice Islands, Solomon Islands, Tonga), Windward Islands (all),
Zanzibar.
The following territories raised questions and, in our reply, we said that we would assume, if we did not hear further, that the extension of the Convention was desired: *Cyprus, British Honduras. (Our replies were of last July and September respectively).
The following "territory does not wish extension to it: Aden Protectorate.
1.
Hong Kong come down against extension of the Convention there at present, and are apparently prepared to accept the possible unfortunate results of a public declaration to that effect. Personally, I think this is the proper course to adopt.
2. They feel that they are faced with "a public emergency threatening the life of the nation" in which a "complete negation of human rights is the order of
the day" and that it would not be practically reasonable to have the Convention extended to them unless and until they can examine all their. legislation.
3. Two questions need to be raised about this:
(1) In such an emergency, the Convention permits derogation from its terms "to the extent strictly required by the exigencies of the situation" (which would probably cover all Hong Kong needs especially as they would apparently be the only judges of the requirements of the situation see Mr. Gordon-Smith'f minute of 2nd August on 1951 file), but such derogations have to be notified to the Secretary- General of the Council of Europe. Hong Kong are particularly unwilling to invoke this loop-hole because of the immense amount of work involved in
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