1987-07-09 09:29 COMMS. OFFICE (GOV'T HSE)
852 5 845 0995 P.04
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5.
The question whether a particular course of action
provided by legislation is consistent with Her Majesty's
Government's obligations under international law, is a matter for
Her Majesty's Government in the United Kingdom.
If there were a
breach of the Covenants in Hong Kong, it would be Her Majesty's
Government who would have to answer for it in the Committee of the
United Nations responsible for monitoring adherence to the
International Covenants and for determining whether there have
been departures from its obligations.
6.
All the arguments that have been raised in Hong Kong,
including Dr. Barendt's opinion, have therefore been referred to
the Foreign and Commonwealth Office by my Chambers and considered
by their lawyers who are expert in this field.
7.
Members will have seen two documents put into
circulation by my Chambers which set out in some detail the view
taken by the Administration on the legal issues in the light of
the advice we have received from the Foreign and Commonwealth
Office as well as comments upon the arguments deployed by
Dr. Barendt. I commend them to this Council as the basis for my
assurances on behalf of the Administration that these regulations
will not lead to any breach of the United Kingdom's obligations
under Article 19 of the International Covenant on Civil and
Political Rights.
./4
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