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Solicitor General
Fork,
CONFIDENTIAL
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VISIT TO FCO: 2 MARCH 1990
The purpose of this note is to remind you of the
issues which you might wish to discuss with Wood and
Fifoot.
Entrenchment
2.
The point is to make sure that we are getting the best deal possible within the self-imposed constraints
within which we have been instructed to operate (i.e. no bold measures, such as double-voting, which might conflict with the Basic Law and no entrenchment through an Order in Council before 1997.) The only issue seems to be whether we are right in saying that the proviso to section 5 of the Colonial Laws Validity Act applies because we are dealing
with an issue which affects, 'the constitution, powers and
procedure' of LegCo If we are, then we are acting outside
our constitutional remit.
The Optional Protocol
3.
The publication of a draft Bill of Rights will revive concern about international supervision of human rights in Hong Kong. We agreed last autumn that, as a matter of legal policy, the right of individual access to the Human Rights Committee was 'a good thing'. We were told then that before anyone could even begin to consider seriously the question of individual complaints from Hong Kong the UK would have to ratify the OP. The issue of ratification was, we were told by S (GD), being actively considered by the government. A decision was expected in
early 1990. What is the state of play?
CONFIDENTIAL
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