CONFIDENTIAL
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1846
OF 12111OZ JUNE 90
HKD241
JLG
13 JUN 1990
*CK OF
¿Y
EGISTRY
INFO IMMEDIATE UKREP HONG KONG, PEKING
148
026466
MDHIAN 4429
TOP COPY Q DIST?
MIPT: HONG KONG BILL OF RIGHTS
YRTELNO 1007/
1007
717
1. WE NOTE YOUR VIEWS ABOUT LOCATING THE RESERVATIONS IN PART III
OF THE BILL OF RIGHTS AND MAKING AN ATTEMPT TO INTEGRATE THEM IN
PART II. WE ARE LIKELY TO CHANGE THE TITLE OF PART III SO AS TO
REFLECT FAMILIAR DOMESTIC LEGAL CONCEPTS SUCH AS QUOTE QUALIFICATIONS UNQUOTE OR QUOTE EXCEPTIONS UNQUOTE. BUT WE DO NOT WISH TO BRING THE EXCEPTIONS INTO PART II BECAUSE WE WISH TO EMPHASISE THE FACT THAT THESE ARE SEVERABLE LIMITATIONS WHICH REFLECT THE CURRENT INTERNATIONAL OBLIGATION UNDER THE ICCPR. IF
THAT OBLIGATION CHANGES BECAUSE SOME OR ALL OF THE RESERVATIONS ARE REMOVED, THEN IT WILL BE A SIMPLE MATTER TO AMEND PART III. AMENDING PART II OF THE BILL OF RIGHTS IS ALSO PRESENTATIONALLY UNATTRACTIVE. MOREOVER IT WOULD BE DIFFICULT TO INCORPORATE THE RESERVATIONS INTO PART II IN VIEW OF THE UNCERTAINTY THAT EXISTS OVER WHICH ARTICLES ARE AFFECTED BY SOME RESERVATIONS.
2. WE HAVE ASSUMED THAT THE RESERVATIONS WE HAVE REPRODUCED IN
CLAUSES 9 AND 10 APPLIED TO HONG KONG BECAUSE THEY ARE EXPRESSED IN TERMS OF GENERAL APPLICATION, AND THERE IS NO CLEAR INDICATION OF AN INTENTION TO EXCLUDE HONG KONG. THEREFORE THEY APPEAR TO FALL WITHIN THE GENERAL RULE IN ARTICLE 29 OF THE VIENNA CONVENTION ON THE LAW OF TREATIES AS DOES FOR EXAMPLE THE UNITED KINGDOM'S FIRST RESERVATION TO THE ICCPR, WHICH LIKEWISE DOES NOT MENTION HONG KONG. WE ARE FORTIFIED IN THIS VIEW BY REASON OF THE FACT THAT IN YOUR REPORT ON HONG KONG TO THE HRC IN GENEVA WHICH WAS COMPILED IN 1977 YOU SAID IN RESPECT OF ARTICLE 2 OF THE COVENANT THAT QUOTE
MEMBERS OF THE DISCIPLINED SERVICES AND PERSONS DETAINED IN PENAL ESTABLISHMENTS ARE GOVERNED BY SPECIAL RULES FOR THE PRESERVATION OF SERVICE AND CUSTODIAL DISCIPLINE UNQUOTE WHICH SEEMS TO US TO BE A CLEAR REFERENCE TO THE RESERVATION UNDER DISCUSSION. (SEE UNDOC CCPR/C/1 ADD.37 PAGE 79).
3. WE WOULD WELCOME YOUR FURTHER THOUGHTS SOON ABOUT THE APPLICABILITY OF THE RESERVATIONS BECAUSE WE DO NOT WISH TO ENACT A
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