CONFIDENTIAL
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COVENANTS FROM INTERNATIONAL COVENANTS APPLICABLE TO HONG KONG TO
LAW APPLICABLE IN HONG KONG.
3.
WE CAN SEE GRAVE DISADVANTAGES IN A BILL OF RIGHTS IN HONG KONG, BOTH FOR THE REASONS SET OUT IN BURROWS' MEMORANDUM AND BECAUSE OF THE LIKELY CHINESE REACTION. THE BEST SOLUTION WOULD BE THAT IDENTIFIED ABOVE. IF THIS IS NOT POSSIBLE WE MUST ENSURE THAT ANY CATALOGUE OF RIGHTS IN THE BASIC LAW IS NOT MORE
RESTRICTIVE THAN THE JOINT DECLARATION.
4.
IF THERE ARE CALLS FOR A BILL OF RIGHTS IN HONG KONG WE
OUTRIGHT AGREE THAT IT IS BEST TO PLAY THE MATTER LONG. OPPOSITION TO SUCH A BILL WOULD CLEARLY BE DIFFICULT FOR THE HONG KONG GOVERNMENT. THE BEST LINE MIGHT BE TO REFER TO THE BASIC LAW, AND SAY THAT UNDER PARAGRAPH 3(12) OF THE JOINT DECLARATION IT WILL INCORPORATE THE PROVISIONS ON RIGHTS AND FREEDOMS SET OUT IN SECTION XIII OF ANNEX I (WHICH WOULD NEED TO BE EXPLAINED IN DETAIL). IS THERE REALLY A NEED FOR ANYTHING MORE?
HOWE
HONG KONG AGREEMENT
LIMITED HD/HKD HD/FED
HD/PLANNING STAFF KD/PUSD
DEP HD/PUSD
RES (MR WALKER)
P6
PS/MR RENTON
PS/PUS
BIR W HARDING
MR WILSON
SIR J FREELAND
MR J CROWLEY PUSD PS/LADY YOUNG
COPIES TO: (VIA ADR)
MR ROBERTS NEWS DEPT MR FIFOOT LEGAL ADVS MR PEIRCE. ASST STAFF
CABINET OFFICE
MR MALLABY CABINET OFFICE MR DRC CHRISTOPHER
CABINET OFFICE
SIR P CRADDOCK NO 10 DOWNING ST. MR WOOD LEGAL ADVISERS
CONFIDENTIAL
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