(M2 Clift
-HIGD)
Reference.......
Rock A flagged pl
1
HKK243/1
HKCK 243/3/24/0
CONFIDENTIAL
Mr Edwards Legal Counsellor
NO 28244 Apr6 lu
HONG KONG'S CLOSED CAMPS IMMIGRATION (AMENDMENT) ORDINANCE 1982, AND THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
1.
I understand that Hong Kong and General Department are awaiting a reply from the Attorney-General of Hong Kong to Mr Clift's letter of 6 October.
2.
223
HKC243/1
Lee (12)
Since the reply, when it is received, is unlikely to indicate any willingness on the part of the Territory to further amend their legislation, we must address the problem of the UK's position under the International Covenant on Civil and Political Rights, particularly in the light of the UK's second periodic report under Article 40, due in 1984.
3.
If it is practical, our best solution might be for the UK to derogate, on behalf of Hong Kong, from the articles which we fear the Territory to be in breach of. I see, however, from Mr Burrows' minute of 24 September to Mr Hoare in HKGD, that Legal Advisers have considered this, but do not consider it a real option. I should be grateful if you could expand on this, and explain in more detail the problems which you foresee.
4. If it is necessary, in your opinion, for the Territory to declare a full state of emergency, in order for deroga- tion to be made, this could plainly pose a serious political difficulty. However, although the first phrase of Article 4 refers to derogation at a time of proclaimed public emergency, when the life of the nation is threatened, is this the only criterion? The rest of the article, which refers to derogation only to the extent required by the exigencies of the situation, and to derogation from some, rather than all provisions, may imply that derogation can be made in less extreme cases, and perhaps without a declaration of public emergency.
5.
Clearly, if derogation is a possibility, it would be best if it were done quickly; preferably this year. We should therefore aim to be ready to submit advice to Ministers as soon as a reply is received from Hong Kong. I should welcome your early views.
RPD Chatterjie
United Nations Department K.154
233 8647
CODE 18.77
25 November 1982
cc Mr D Clift - HKGD
R
Joc
(without enclos.)
CONFIDENTIAL
M. D
Hoare 251.1
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