14.5367
COMMENT
HKC031/7
227
su (23
233
CONFIDENTIAL
FM HONG KONG
TO DRIORITY ECO
TELNO 4505
D= 0809002 DECEMBER 88
INFO PRIORITY UKREP JLG HONG KONG.
DEXING
20
(210)
213
212
YOUR TELNOS. 2987. 3063 AND OUR FELNOS. 4154 AND 4327: UN CONVENTION AGAINST TORTURE.
WE ARE GRATEFUL FOR YOUR ACCEPTANCE OF OUR PROPOSAL IN FOURTH TUR. OUR UNDERSTANDING IS THAT IN T-E DRAFT ORDER IN COUNCIL PARAGRAPH 2 WOULD NOW READ AS FOLLOWS:-
''IN ADDITION TO ANY OTHER POWER CONFERRED ON THE LEGISLATURE OF HONG KONG. THE GOVERNOR OF HONG KONG. BY AND WITH THE ADVICE AND CONSENT OF THE LEGISLATIVE COUNCIL OF -ONG KONG. MAY. TO THE EXTENT REQUIRED IN ORDER TO IMPLEMENT AN INTERNATIONAL AGREEMENT WHICH POOLIES TO HONG KONG. AND FOR CONNECTED PURJOSES
(A) REDEAL OR AMEND ANY ENACTMENT SO FAR AS IT IS PART C
OF HONG KONG: AND
(B) MAKE LAWS HAVING EXTRA-TERRITORIAL OPERATION."'
"
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2. FURTHER THE EXPLANATORY NOTE WILL OF COURSE NEED TO BE AMENDED ACCORDINGLY.
3. WE HAVE BEEN GRAPPLING WITH THE CONSTITUTIONAL CONUNDRUM OF HOW OUR LEGISLATURE CAN ENACT THIS LEGISLATION BEFORE THE CONVENTION IS APPLIED SO AS TO PUT BEYOND QUESTION ANY ARGUMENT AS TO WHETHER IT HAS THE NECESSARY AUTHORITY AND TO AVOID ANY POTENTIAL CHALLENGE ON JURISDICTION TO ENACT EXTRATERRITORIALLY. ON A REVIEW OF THE STEPS OUTLINED IN PARA 1(B) OF THIRD TUR AND IN THE LIGHT OF -E LAW DRAFTMAN'S ADVICE THAT A LAW IS MADE WHEN THE GOVERNOR ASSENTS. WE HAVE CONCLUDED THAT THE BEST COURSE IS TO DELAY THE GOVERNOR'S PSSENT TO THE LEGISLATION SO 09 TO COINCIDE WITH THE DATE OF THE APPLICATION OF THE AGREEMENT,
4. GENERALLY THE AIM OF THE EXERCISE IS SYNCHRONISATION AND WE ARE GRATEFUL FOR YOUR UNDERTAKING IN DARA 3 OF FIRST TUR.
5. THUS WE ENVISAGE THE FOLLOWING STEPS
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one well
/(A) IN THE UK. AN ORDER IN COUNCIL IS MADE UNDER THE HK PCT:
(B) IN HONG KONG, THE BILL PASSES ALL STAGES EXCEPT GOVERNOR'S ASSENT (C) WE NOTIFY YOU OF CONCLUSION OF (B) IDEALLY BEFORE CLOSE OF PLAY-
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YOUR TIME ON A WEDNESDAY (LEGCO SITTING DAY): (D) APPLICATION OF CONVENTION TO HONG KONG. ASSENT BY THE GOVERNOR
AND DUBLICATION IN THE GAZETTE. IDEALLY TAKE PLACE ON THE IMMEDIATELY FOLLOWING FRIDAY (NORMAL PUBLISHING DAY OF THE GAZETTE).
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