CONFIDENTIAL
HKC244.6
RECEIVE
14 JAN 1991
Pm 71!
14
042156 MDLIAN 6745
TOP COPY
Q DIST?
CONFIDENTIAL
FM HONG KONG
TO PRIORITY F C O
TELNO 3799
OF 22030OZ DECEMBER 90
INFO ROUTINE UKREP JLG HONG KONG UKMIS GENEVA PEKING
THIRD PERIODIC REPORT ON HONG KONG UNDER SECTION 40 OF ICCPR
THE NEED AND DESIRABILITY FOR AN UPDATE OF THE THIRD PERIODIC REPORT ON HONG KONG WAS DISCUSSED WITH THE UNCHR AND YOU DURING THE OCTOBER VISIT OF MESSRS. DARWIN CHEN AND PHILIP DYKES TO GENEVA AND THE FORMER TO LONDON. DRAFTING OF THE UPDATE IS IN PROGRESS.
2. TO THE EXTENT THAT THE UPDATE WILL HAVE TO FOCUS ON THE BILL OF RIGHTS (BOR) (SEE ALSO PARA 3 BELOW) AND GIVEN THE DIFFICULTY WE ARE HAVING WITH THE CHINESE OVER THE BOR, WE HAVE CONSULTED UKREP JLG ON THE TIMING FOR THE SUBMISSION OF THE UPDATE. ACCEPTING THE NEED FOR THE UPDATE, OUR VIEW IS THAT ITS SUBMISSION SHOULD BE DEFERRED AS FAR AS POSSIBLE IN VIEW OF OUR CURRENT EFFORT SEEKING TO WIN CHINESE ACCEPTANCE OF THE BOR. AN EARLY SUBMISSION AND DISSEMINATION OF THE UPDATE WOULD AROUSE CHINESE SUSPICION THAT THIS IS OUR DELIBERATE ATTEMPT TO INTERNATIONALISE THE BOR, THEREBY PUTTING PRESSURE ON THEM INTO ACCEPTING THE BOR. THIS WOULD NOT ONLY JEOPARDISE OUR EFFORT BUT WOULD PROBABLY REINFORCE THEIR DISLIKE OF THE BOR.
3.
WE CONSIDER THEREFORE THAT THE UPDATE SHOULD, IF POSSIBLE, BE SUBMITTED AT THE END OF FEBRUARY OR EARLY MARCH NEXT YEAR. BY THAT TIME WE HOPE THAT THE INFORMAL DISCUSSIONS BETWEEN THE SENIOR REPRESENTATIVES OF THE TWO JLG OFFICES WOULD HAVE PRODUCED AN OUTCOME, ONE WAY OR THE OTHER. WE WOULD ALSO BE BETTER PLACED TO UNDERSTAND LEGCO'S POSITION EVEN IF THE SECOND READING OF THE BILL HAS NOT YET RESUMED. WE RECKON HOWEVER THAT THE FIRST DRAFT OF THE UPDATE SHALL NEED TO REACH YOU BY END OF JANUARY TO ALLOW TIME FOR DISCUSSION AND CLEARANCE.
4. WE ARE ALSO RECONSIDERING THE SCOPE OF THE UPDATE. IT SEEMS THAT THERE ARE ADVANTAGES TO TAKE THE OPPORTUNITY TO PRESENT A FULL UPDATE COVERING DEVELOPMENTS SUBSEQUENT TO THE SUBMISSION OF THE THIRD PERIODIC REPORT IN NOVEMBER 1989. THIS WILL BE IN CONFORMITY WITH THE USUAL FORMAT. THE UPDATED INFORMATION MAY
PAGE 1 CONFIDENTIAL
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