8.
With regard to the reference to the JD and para 4 of the Opinion, points that should be noted are:-
9.
a) the JD only protects rights and freedoms as
provided by the laws previously in force
b)
even if there are possibililties of avoiding the consequences of a past reference point, there could be no acceptance of an external check which could survive 1997 since the PRC is not a party, and it is hardly conceivable that it would be a party, to the ICCPR or the optional protocol.
Finally
―
a) I should note that there is confusion in
places between the UK and Hong Kong as Governments and legislator. (See eg line 11 of para 3 and line 3 of para 8);
b)
To what does the advice of the FCO refer? We have advised the Hong Kong Government, but not Mr Lee.
Affor
Paul Fifoot
Legal Advisers