CONFIDENTIAL
026615
MDHIAN 4436
OF THE ICCPR AND WE BELIEVE IN THIS INSTANCE THAT QUOTE THE ABOVE-
MENTIONED RIGHTS UNQUOTE ARE SUFFICIENTLY CLEAR AS A REFERENCE TO PARAGRAPHS (1) AND (2) ALTHOUGH WE ACCEPT NOT AS ONE WOULD DRAFT IF STARTING FROM SCRATCH. WE DO NOT WANT TO DELETE QUOTE ORDRE PUBLIC UNQUOTE BECAUSE THE CONCEPT IS CLEARLY DIFFERENT FROM QUOTE PUBLIC ORDER UNQUOTE AND, AS STATED IN CLAUSE 2(3), WE WANT THE COURTS AND THE LEGISLATURE TO HAVE REGARD TO THE INTERNATIONAL ORIGINS OF THE
ORDINANCE.
6.
ARTICLE 9:
WE DO NOT THINK THAT THIS ARTICLE WOULD BE CONSTRUED SO AS TO
SUGGEST THAT PERSONS WITH A RIGHT OF ABODE IN HONG KONG CAN BE EXPELLED WITHOUT DUE PROCESS. IF THERE IS THE IMPLICATION YOU SUGGEST THE DEFECT IS DERIVED FROM THE ICCPR. IT IS DIFFICULT TO BELIEVE THAT THE ICCPR COULD REASONABLY BE SO CONSTRUED, AND BECAUSE OF OUR WISH TO STICK AS CLOSELY AS POSSIBLE TO THE ICCPR TEXT, WE WOULD PREFER TO LEAVE ARTICLE 9 AS DRAFTED.
7. ARTICLE 11(6):
WE AGREE THAT THE ISSUES WHICH ARE RAISED HERE ARE BEST DISCUSSED
WITH THE CHINESE AT SOME OTHER TIME.
WILSON
YYYY
DISTRIBUTION
60
MAIN
57
.HONG KONG AGREEMENT
. (RESTRICTED)
LIMITED
HKD
HD/FED
RESEARCH D (FE)
PUSD
NEWS D
PS/MR MAUDE
PS/LORD BRABAZON
MR MCLAREN
MR BURNS
ADDITIONAL
3
MR WHOMERSLEY LEGAL ADVISERS MS BARRETT LEGAL ADVISERS
MR FIFOOT LEGAL ADVISERS
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