CONFIDENTIAL
130464
MDHIAN 8117
INTERPRET THE RELEVANT ARTICLES IN RELATION TO EXISTING RIGHTS AND PRIVILEGES OF N.T. INHABITANTS AND THIS MAY EVENTUALLY LEAD TO A DETERMINATION OF THE ISSUE BY THE PRIVY COUNCIL OR TO THE VIEWS OF THE UNHRC BEING MADE KNOWN ON THE SUBJECT IN THE CONTEXT OF A REPORT UNDER ART. 40 OF THE ICCPR SOMETIME IN THE FUTURE. IT IS NOT UNTIL WE HAVE AN AUTHORITATIVE VIEW THAT WE CAN BE SURE WHETHER OR NOT WE ARE FULFILLING OUR INTERNATIONAL OBLIGATIONS. IN THE LIGHT OF ANY ADVERSE FINDING BY THE UNHRC, WE WOULD HAVE TO CONSIDER JD 204 AND 205 IN RELATION TO JD 156, AND FOR THAT MATTER, BL 40 AND BL 39, AND, IF NECESSARY, TO CONSULT THE CHINESE AND TO INITIATE APPROPRIATE CHANGES TO EXISTING LEGISLATION AND POLICIES. IT WOULD
BE PREMATURE TO ATTEMPT TO DO SO BEFORE THEN.
5. WE ARE REDRAFTING CLAUSE 3(3) (PARA. 1 OF OUR TELNO 2097) TO
MAKE IT LESS CONTENTIOUS TO THE CHINESE AND THE N.T. COMMUNITIES. THE TEXT WE ARE NOW CONSIDERING IS AS FOLLOWS:
QUOTE ANY LAW, OTHER THAN PRE-EXISTING LEGISLATION, IN FORCE IMMEDIATELY BEFORE THE COMMENCEMENT OF THIS ORDINANCE THAT IS INCONSISTENT WITH THIS ORDINANCE IS, TO THE EXTENT OF THE INCONSISTENCY, ABROGATED
D
UNQUOTE.
6. AS YOU ARE AWARE, EXCO WILL BE CONSIDERING OUR SUBMISSION TOMORROW AND WE SHOULD BE GRATEFUL IF ANY FURTHER VIEWS COULD REACH US DESKBY 10010OZ.
WILSON
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60
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RESEARCH D (FE)
PUSD
NEWS D
PS/MR MAUDE
PS/LORD BRABAZON
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ADDITIONAL
3
MR WHOMERSLEY LEGAL ADVISERS M3 BARRETT LEGAL ADVISERS
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