CONFIDENTIAL
150
026615
MDHIAN 4436
TOP COPY Q DIST ?
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1848
OF 12111OZ JUNE 90
HKD 241
10241/1
RECEIV
13 JUN 1990
EGISTRY
ction Taken
INFO IMMEDIATE UKREP LG HONG KONG, PEKING
HONG
MY 3RD IPT: HONG KONG BILL OF RIGHTS
YRTELNO 101
1. PREAMBLE:
120
WE THINK THAT PARAGRAPH (1) OF THE PREAMBLE IS ALL RIGHT. IT IS SILENT AS TO WHETHER THE COVENANT APPLIES WITH OR WITHOUT RESERVATIONS, AND WE SEE NO NEED TO ADD ANYTHING ON THIS POINT. THE TEXT YOU SUGGEST CONFUSES THE APPLICATION OF THE COVENANT TO HONG KONG (WHICH THE BILL CANNOT DO) WITH THE IMPLEMENTATION OF THE COVENANT IN HONG KONG. THIS DISTINCTION IS CAREFULLY PRESERVED IN
ARTICLE 39 OF THE BASIC LAW.
2. PART I CLAUSE 2(1):
YOU RAISE A DRAFTING POINT ON SUB CLAUSE (1). THE SUGGESTED AMENDMENT IS UNNECESSARY SINCE THE BILL OF RIGHTS IS PART OF THE ORDINANCE. AS FOR SUB CLAUSES (4) AND (5), WE CONSIDER THAT THEY ARE IN ESSENCE INTERPRETATION PROVISIONS, SINCE THEY STATE HOW THE ORDINANCE IS NOT TO BE INTERPRETED.
3. ARTICLE 2(3):
WE WOULD PREFER NOT TO DEPART FROM THE COVENANT UNLESS THE CHINESE WERE TO OBJECT TO THIS PARAGRAPH. AS FOR PARAGRAPH (6), WE WOULD PREFER TO KEEP IT BECAUSE, IN ITS ABSENCE, PROVISIONS IN THE ARTICLE COULD CONCEIVABLY BE INVOKED TO DELAY OR PREVENT THE
ABOLITION OF CAPITAL PUNISHMENT IN HONG KONG.
4. ARTICLE 4(3):
IMPRISONMENT WITH HARD LABOUR IS A SENTENCE WHICH MAY NOT BE IMPOSED BY COURTS IN HONG KONG. SENTENCES OF DETENTION FOR YOUNG OFFENDERS ARE TECHNICALLY NOT SENTENCES OF IMPRISONMENT BECAUSE THERE IS NO FIXED TERM AND THE EMPHASIS IS ON TRAINING AND REHABILITATION RATHER THAN PUNITIVE INCARCERATION QUOTE HARD LABOUR
UNQUOTE IS NOT A PENAL FEATURE OF THESE ORDERS.
5. ARTICLE 8(3):
WE PREFER, SAVE WHERE CLEARLY NECESSARY, TO ADHERE TO THE WORDING
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