CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1010
OF 22080OZ MAY 90
CONFIDENTIAL
Рукочи,
2
1990
INFO PRIORITY UKREP JLG HONG KONG, PEKING
142053
MDHOAN 9178
120
MY 3RD IPT: ADDITIONAL POINTS: SUGGESTED AMENDMENTS
1.
PREAMBLE: WE BELIEVE WE CANNOT REFER TO THE COVENANT APPLYING TO HONG KONG WITHOUT REFERRING ALSO TO THE RESERVATIONS. WE WOULD SUGGEST A SHORTER PREAMBLE QUOTE WHEREAS IT IS DESIRABLE TO MAKE FURTHER PROVISION FOR THE APPLICATION OF THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS IN HONG KONG
UNQUOTE.
PART I, CLAUSE 2(1): AMEND TO READ QUOTE IN THIS ORDINANCE, AND IN THE BILL OF RIGHTS CONTAINED HEREIN, UNLESS THE CONTEXT OTHERWISE REQUIRES
UNQUOTE. NEITHER CLAUSES 2(4) AND (5)
2.
ARE STRICTLY INTERPRETATION PROVISIONS.
THEY ARE SUBSTANTIVE PROVISIONS AND SHOULD BE INCLUDED IN PART II
AS PART OF THE BILL OF RIGHTS ITSELF.
3=
ARTICLE 2 (3): RIGHT TO LIFE: THE CONTENTS OF PARAGRAPH (3) IS ESSENTIALLY AN ISSUE FOR THE SOVEREIGN POWER. THE INDIVIDUAL'S INTEREST IS SUFFICIENTLY COVERED BY PARAGRAPH (2). IN ORDER TO MINIMISE GROUNDS FOR POSSIBLE CHINESE COMPLAINTS, WE THEREFORE PROPOSE DELETION OF PARAGRAPH (3). YOU MAY ALSO CONSIDER FURTHER WHETHER YOU WANT TO KEEP PARAGRAPH (6). IT IS
NOT DIRECTLY APPLICABLE LAW.
4.
ARTICLE 4 (3): HARD LABOUR: WE NOTE THAT PARAGRAPH 3(B) OF
ARTICLE 8 OF THE COVENANT HAS BEEN OMITTED. WE ASSUME THIS IS BECAUSE IMPRISONMENT WITH HARD LABOUR MAY NOT BE IMPOSED AS A PUNISHMENT IN HONG KONG COUR UNDERSTANDING IS THAT IT IS NOT AN OFFICIAL SENTENCE BUT THAT DETENTION CENTRES CAN HAVE RIGOROUS REGIMES WHICH MAY INVOLVE HARD LABOUR).
5.
ARTICLE 8(3): AMEND QUOTE THE RIGHTS MENTIONED IN PARAGRAPHS
(1) AND (2) SHALL NOT BE SUBJECT
UNQUOTE. WE WOULD ALSO PROPOSE THE DELETION OF QUOTE CORDRE PUBLIC) UNQUOTE. THIS IS APPROPRIATE IN THE COVENANT AS AN INTERNATIONAL DOCUMENT BUT ADDS NOTHING TO THE MEANING IN DOMESTIC LAW (AND INDEED IS NOT
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