BACKGROUND
CONFIDENTIAL
D
O E
3.
The matter is sub judice: the cases are due to be heard in mid July. Prosecution of prominent Liberals for these trivial offences, when public interest in the Bill of Rights is at a high point, is unfortunate timing. I therefore sought the Governor's comments on the political implications of the case. His reply is attached.
F
G .
4.
As the Governor acknowledges, those involved will try to embarrass the Government and obtain political mileage from
the affair. But he believes that it is important both to uphold the independence of the prosecuting authorities and to show that no groups are above the law.
5.
This case is bound to attract a lot of adverse
publicity, both here and in Hong Kong. It would perhaps have been better if it had never got to court. But is is clearly now important to defend the rule of law and not to interfere in an area where Hong Kong has very high degree of
autonomy.
6.
We have also sought the views of Mr Fifoot about
whether the relevant sections of these laws are in
themselves inconsistent with the
Rights. His advice is attached.
ICCPR or the draft Bill of
He also advises that, if
found guilty and imprisoned, the right of those concerned to
vote or stand for election would not be affected.
RODAAU/2
ARPanc
A R Paul
CONFIDENTIAL