CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 63
OF 050945Z JANUARY 90
CONFIDENTIAL
167426
MDHIAN 1375
40 241/0 DIST?
ко
RECEIVED IN REGISTRY
05 JAN 1990
DESK OFFICER
REGISTRY
INDEX
PA
Action Taken
INFO PRIORITY PEKING, UKREP JLG HONG KON
19) 89 HKD 241
YOUR TELNO 2561: HONG KONG BILL OF RIGHTS
1. OUR COMMENTS ON THE POINTS RAISED IN TUR, ARE AS FOLLOWS:-
AND LIFE
(A) PARA 3(A): IN INCLUDING THE TERMS 'NATIONAL SECURITY' OF THE NATION' WE HAVE FOLLOWED THE WORDING OF THE ICCPR. INTERPRETATION OF THE TERMS WILL BE A MATTER FOR THE COURTS. IF THE CHINESE SOUGHT TO CURTAIL FREEDOMS IN HONG KONG BECAUSE OF UNREST ON THE MAINLAND WE WOULD RELY ON ARTICLE 4(1) OF THE COVENANT. THAT ONLY ALLOWS DEROGATIONS ''TO THE EXTENT STRICTLY REQUIRED BY THE EXIGENCIES OF THE SITUATION''. CLAUSE 5(1) OF THE BILL INCORPORATES
THE SAME LANGUAGE.
(B) PARA 3(B): THE REMEDIES REFERRED TO IN CLAUSE 6(2) ARE NOT
REPEAT NOT GOVERNED BY CLAUSE 6(1) OF THE BILL. THE CLAUSE IS BEING
AMENDED TO MAKE THIS ABSOLUTELY CLEAR. ON THAT BASIS WE INTERPRET CLAUSE 6(2) AS ENABLING A COURT TO MAKE A DECLARATION THAT LEGISLATION IS INCONSISTENT WITH THE BILL OF RIGHTS.
(C) PARA 3(C) : WE HAVE NOT SPECIFIED IN ARTICLE 1(1) OF THE BILL THAT ALL RIGHTS ARE TO BE ENJOYED BY EVERYONE IN THE JURISDICTION OF HONG KONG, BECAUSE THE APPLICATION OF CERTAIN RIGHTS IS CLEARLY LIMITED TO PARTICULAR GROUPS E.G. ARTICLE 22: RIGHT TO PARTICIPATE IN PUBLIC LIFE.
(D) PARA 4(B) : CLAUSE II WILL BE RETAINED IN THE BILL AND THE WORDING WILL BE CHANGED TO REFLECT MORE ACCURATELY THE RELEVANT UK RESERVATION.
(E) PARA 5 : WE WILL TELEGRAPH SEPARATELY ON THE TIMING OF PUBLICATION, IN THE LIGHT OF YOUR TELNO 21 AND UKREP JLG TELNO 3.
3. FINAL VERSIONS OF THE WHITE BILL AND EXCO MEMORANDUM WILL BE FAXED TO STONE, HKD AS SOON AS THEY ARE AVAILABLE.
WILSON
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