CONFIDENTIAL
FM FCO
TO DESKBY 10010OZ HONG KONG
TELNO 1286
OF 09163OZ JULY 90
(218
131755
MDHOAN 2114
CONFIDENTIAL
HKD241/1
TOP COPY QDIST?
RY
12 JUL 1990
STRY
ра
висора
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG ion Taken
214
YOUR TELNO 2125: BILL OF RIGHTS
1. WE UNDERSTAND THAT THE POLITICAL ARGUMENTS AGAINST DEFERMENT MEAN THAT YOU ARE UNDER TIME PRESSURE FOR SUBMISSION OF THE BILL TO EXCO. WE HOPE, NONETHELESS, THAT YOU WILL UNDERSTAND THAT WE MUST RAISE WITH YOU POINTS WHICH CAUSE US CONCERN AND WHICH ARE BY NO MEANS SUBSTANTIALLY DRAFTING POINTS.
2. YOU ARE RIGHT IN IDENTIFYING OUR TWO MAIN AREAS OF CONCERN. ON THE FIRST (YOUR PARA 3) WE ACCEPT THAT THERE ARE ALREADY SAFEGUARDS IN HONG KONG LAW. BUT OUR COMMENT WAS MADE ON THE BASIS OF PARAS 32-34 OF YOUR EXCO MEMORANDUM AND THE REFLECTION OF THAT IN THE BILL (CLAUSE 7(3)). WE CANNOT IGNORE THE POSSIBILITY OF CRITICISM OF PREMATURE ENACTMENT BASED ON THE CUMULATIVE EFFECT OF THAT CLAUSE AND THE FREEZE PERIOD MORE GENERALLY (CLAUSE 14, WHICH IS NOT ADDRESSED IN YOUR TUR). THIS GOES TO THE SUBSTANCE AND EFFECT OF THE BILL.
3
BUT
ON YOUR PARA 4, WE APPRECIATE THE DIFFICULTIES WITH THE DIFFERENT LOBBIES IN HONG KONG AND THE CHINESE DIMENSION. WE WOULD REPEAT OUR VIEW THAT IN LEGISLATING, AN ADMINISTRATION SHOULD TAKE A VIEW ON THE CONSEQUENCES (THOUGH OF COURSE BE PREPARED TO MODIFY THAT VIEW IN THE LIGHT OF SUBSEQUENT COURT DECISIONS). IT CANNOT BE RIGHT NOT TO BE PREPARED TO STATE THE INTENTION OF LEGISLATION ON MATTERS OF LAW OF CONCERN TO MANY INHABITANTS OF THE NEW TERRITORIES ES
HURD
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