CONFIDENTIAL
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG!
HKD241/1
Ύ
12 JUL 1990
TELNO 1312
OF 111215Z JULY 90
live.
far RM1417
fm1217
222
140262
MDHOAN 2319
TOP COPY Q DIST?
PERSONAL FOR GOVERNOR FROM PAU
BILL OF RIGHTS
1. YOU WILL WISH TO BE AWARE OF AN IDEA WHICH PAUL FIFOOT HAS RAISED WITH US IN RECENT MONTHS ABOUT HOW TO DEAL PROCEDURALLY WITH THE BILL OF RIGHTS IN THE COMING MONTHS AS AN ALTERNATIVE TO THE QUOTE FREEZE UNQUOTE AS NOW PROPOSED. HE HAS ALREADY WRITTEN ON THE LEGAL NET TO DYKES IN THE ATTORNEY GENERAL CHAMBERS ABOUT THE IDEA, AND I IMAGINE THAT THE DETAILS MAY WELL FILTER UP TO YOU IN DUE COURSE.
2.
FIFOOT SUGGESTS A PROCEDURE ALONG THE FOLLOWING LINES:
(A) TO GO AHEAD AND ENACT THE BILL IN OCTOBER, BUT TO DEFER COMMENCEMENT, EXCEPT FOR A CLAUSE DESCRIBED IN (B) BELOW, UNTIL 1 JANUARY 1991 OR 1 MARCH 1991.
(B) TO INCLUDE A CLAUSE, WHICH WOULD COME INTO FORCE IMMEDIATELY ON ENACTMENT, EMPOWERING THE GOVERNOR IN COUNCIL BY ORDER TO AMEND THE LAWS OF HONG KONG SO AS TO MAKE THEM CONSISTENT WITH THE BILL OF RIGHTS. THE NECESSARY AMENDMENTS TO EXISTING LAWS COULD THEN PROCEED AT A QUICKER PACE THAN IS POSSIBLE WITH PRINCIPAL LEGISLATION. IF THE POWER WERE EXTENDED BEYOND THE COMMENCEMENT DATE (AS IN (A)), SAY FOR TWO YEARS FROM ENACTMENT, THIS WOULD ALSO PERMIT A SPEEDY RESPONSE TO COURT DECISIONS ON INCONSISTENCY AND SO SEVERELY LIMIT THE QUOTE LEGISLATURE AND OPERATION VACUUMS UNQUOTE REFERRED TO IN PARAGRAPH 13 OF THE EXCO MEMORANDUM.
3. THIS IS A COMMON DEVICE WHEN THERE IS A SUBSTANTIAL CONSTITUTIONAL CHANGE (EG S.I 18201 1968 AS REGARDS BERMUDA). THERE COULD, OF COURSE, BE POLITICAL AND PRESENTATIONAL DIFFICULTIES IN A PROCEDURE WHICH LEFT SUCH EXTENSIVE POWERS SOLELY TO THE GOVERNOR IN COUNCIL. TO TAKE ACCOUNT OF THIS, IT MIGHT ALSO BE PROVIDED THAT AN ORDER TO AMEND THE LAWS OF HONG
KONG SHOULD BE LAID BEFORE THE LEGISLATIVE COUNCIL AND SUBJECT
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CONFIDENTIAL