CONFIDENTIAL
214
130464
MDHIAN 8117
CONFIDENTIAL
FM HONG KONG
TO DESKBY 09110OZ FCO
TELNO 2125
OF 091024Z JULY 90
HKD241
TRY
12 JUL 1990
་བ
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
202
YOUR TELEGRAM NO. 1260: BILL OR RIGHTS.
P COPY
1ST 2
Til out
да вида
YOUR ARE AWARE OF OUR ASSESSMENT (HK TELNO. 2084) OF LOCAL REACTION
SHOULD THE INTRODUCTION OF A BILL OF RIGHTS BE DELAYED.
2. FIFOOT'S MINUTE SEEMS MOSTLY TO BE DEALING WITH POINTS OF DRAFTING. IN THIS CONNECTION WE WOULD WISH TO POINT OUR THAT IN PREPARING THE BILL OF RIGHTS WE HAVE NATURALLY HAD TO HAVE REGARD TO LOCAL DRAFTING CONVENTIONS AND THE LOCAL LEGAL SYSTEM. IT
APPEARS FROM TUR THAT YOUR MAIN CONCERN IS THE DEFERRED COMMENCEMENT OF QUOTE THIRD PARTY UNQUOTE RIGHTS IN RESPECT OF PRIVACY AND THE
RIGHTS OF THE INHABITANTS OF THE NEW TERRITORIES.
SAFEGUARD ON THE PROTECTION OF PRIVACY (PARA. 4(A) OF TUR). 3. WE DO NOT AGREE THAT THERE ARE NO SAFEGUARDS IN HONG KONG AS REGARDS THE PROTECTION OF PRIVACY. (PARAS. 47 TO 56 OF OUR THIRD REPORT TO THE UNHRC AND PREVIOUS DELIBERATIONS AT HEARINGS OF THE COMMITTEE ARE RELEVANT.) THE DECISION TO DEFER THE COMMENCEMENT OF THE ARTICLE ON PRIVACY IS IN ANY CASE A POSITIVE RESPONSE TO THE SUBMISSIONS MADE BY THE COMMERCIAL AND FINANCIAL SECTOR AND THE RECOMMENDATION MADE BY THE BAR ASSOCIATION, LAW SOCIETY AND THE LEGCO AD HOC GROUP. WE DO NOT THEREFORE SEE HOW IT COULD REASONABLY BE ARGUED THAT, UNTIL WE PUT QUOTE THESE OTHER LAWS UNQUOTE IN ORDER, IT WOULD BE PREMATURE AND COSMETIC TO ENACT A BILL OF RIGHTS. IN THIS CONNECTION, WE INTEND TO MAKE A COMMITMENT TO ENACT WHATEVER LEGISLATION IS NECESSARY AND THE LAW REFORM COMMISSION IS ALREADY WORKING HAR ON IT.
RIGHTS OF N.T. INHABITANT (PARA. 4(B) OF YOUR TUR)
4. WE THINK THAT THE MOST IMPORTANT CONSIDERATION HERE IS OUR INTERNATIONAL OBLIGATION UNDER THE ICCPR. AT PRESENT WE KNOW OF NO DIRECTLY RELEVANT DECISION FROM A COMPETENT AUTHORITY, SUCH AS THE UNHRC ON THE DIFFERENTIAL TREATMENT OF SEXES IN CASES COMPARABLE TO THE N.T. INHABITANTS. IT WOULD NOT BE PRUDENT FOR US TO DECIDE ON THE MATTER OURSELVES AT THIS JUNCTURE IN HONG KONG. WHEN THE BILL OF RIGHTS IS ENACTED, THE COURTS MAY HAVE THE OPPORTUNITY TO
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