CONFIDENTIAL
FM HONG KONG
TO DESKBY 27120OZ FCO
TELNO 3208
OF 27112OZ SEPTEMBER 89
INFO DESKBY 28010OZ PEKING
CONFIDENTIAL
56.
TOP COPY Q DIST ?
HKB 011 15
176012 MDHIAN 7375
MY TELNOS 3186 AND 3188: MY ADDRESS TO LEGCO: 11 OCTOBER:
REPRESENTATIVE GOVERNMENT AND BILL OF RIGHTS
IN LOOKING AGAIN AT THE DRAFT OF MY SPEECH I PROPOSE TO MAKE TWO AMENDMENTS TO THE DRAFTS IN TURS:
(A) REPRESENTATIVE GOVERNMENT (MY TELNO 3186)
PARA 40 DELETE ALL IN LAST SENTENCE AFTER (QUOTE) ADVANCE
(UNQUOTE). THE LAST CLAUSE SITS AWKWARDLY AND RISKS SENDING
A CONFUSING SIGNAL TO THE COMMUNITY:
(B) BILL OF RIGHTS (MY TELNO 3188)
REPLACE PARA 45 CON ECOSOC) WITH THE FOLLOWING (WHICH MORE
ACCURATELY REFLECTS THE LEGAL POSITION HERE):
THE PROVISIONS OF THE OTHER INTERNATIONAL COVENANT, ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, ARE DIFFERENT IN NATURE. THEY ARE IN THE FORM OF OBJECTIVES, TO BE ACHIEVED PROGRESS- IVELY AND, GENERALLY SPEAKING, ARE NOT RIGHTS WHICH INDIVIDUALS COULD EASILY ENFORCE IN THE COURTS. FOR THESE REASONS THEY
ARE NOT WELL SUITED FOR INCLUSION IN A BILL OF RIGHTS DESIGNED
TO GIVE PEOPLE THE RIGHT OF DIRECT ACTION IN THE COURTS.
WE ARE OF COURSE FULLY COMMITTED TO THE OBJECTIVES OF THE COVENANT
AND SEEK TO IMPLEMENT THEM THROUGH OUR EXISTING LEGISLATION AND
POLICIES.
WILSON
YYYY