Page
CONFIDENTIAL
OCMIAN 1144
CONFIDENTIAL
RR HOKON
FM FCOLN TO HOKON
0312152 DEC
GRS 390
CONFIDENTIAL
FM FCO
TO ROUTINE HONG KONG
TELNO 1907
OF 0312152 DECEMBER 85
INFO ROUTINE PEKING
1TKK OLD/45.
RECEIVED IN KERIST MY
- 6 DEC 1985
REX
ра
е
¡Y
Ken
1144
1
YOUR TELNO 1992: FUNDAMENTAL RIGHTS AND FREEDOMS
1.
WE AGREE THAT IT WOULD BE BEST IF THE BASIC LAW GAVE THE FORCE OF LAW (NEXT WORD UNDERLINED) IN HONG KONG TO THE TWO COVENANTS INSOFAR AS THEY ARE AT PRESENT APPLIED (NEXT WORD UNDERLINED) TO HONG KONG. AS WE UNDERSTAND IT, HONG KONG'S DOMESTIC LAW AT PRESENT DOES NOT SPECIFICALLY GUARANTEE ALL THE RIGHTS AND FREEDOMS PROVIDED FOR BY THE COVENANTS AS APPLIED TO HONG KONG. GIVING THE COVENANTS THE FORCE OF LAW IN HONG KONG
WOULD FILL THESE LACUNAE.
2.
HOWEVER, FOR SIMILAR REASONS TO THOSE SET OUT IN OUR TELNO 1853, WE DO NOT THINK THAT IT WOULD BE REALISTIC TO HOPE TO ACHIEVE THIS END BY THE MEANS PROPOSED IN PARAGRAPH 4 OF BURROWS' MINUTE OF 16 JULY. WE CANNOT SEE THE CHINESE AGREEING TO APPLY THE AGREEMENT WITH THE UK, IN EXPLICIT TERMS, AS PART OF CHINESE DOMESTIC LAW. WHAT WE THINK IS NEEDED IN THIS CASE IS A SENTENCE IN THE BASIC LAW ON THE LINES OF: THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND THE INTERNATIONAL COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS AS (AT PRESENT) APPLIED TO HONG KONG SHALL REMAIN IN FORCE IN THE HONG KONG SAR'. THE LAST FIVE WORDS, WHICH MAY REQUIRE SLEIGHT OF HAND TO SELL THEM TO THE CHINESE, WOULD TRANSFORM THE
1
CONFIDENTIAL
COVENANTS