1
CONFIDENTIAL.
212
Foreign and Commonwealth Office
London SW1A 2AH
6 July 1990
PJ Dykes Esq
Assistant Solicitor General Attorney General's Chambers 41F High Block
Queensway Government Offices 66 Queensway
Hong Kong
HKD 24.1
Dear Dykes
198
TRY
12 JUL 1990
"GISTR
HONG KONG BILL OF RIGHTS
1.
You will by now have seen a copy of a minute from me dated 5 July' to Pamela Major in which I drew attention among other things to the way in which it was apparent, on the face of the amended Bill, how much needed to be done before Hong Kong could enact a Bill of Rights which would in fact be effective.
2. We are all aware of the amount of credit that has been expended in publishing and seeking comments on the White Bill, and of the possible consequences in political terms of deferring the measure for a period which would enable you, according to the present draft of the Bill, to make the Statute Book consistent with the Bill. In wonder, however, whether you have considered a procedure on the following lines:-
(a)
(b)
go ahead and enact the Bill in October, but defer commencement, except for a clause described in (b) below, until 1 January 1991 or 1 March 1991;
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. This is a common device when there is a substantial constitutional change (see for example section 5(2) of the Bermuda Constitution Order 1968 (SI 182)). If it is thought that this is too extensive a power to be left solely to the Governor in Council, it could also be provided that an Order should be laid before the Legislative Council and subject either to an affirmative resolution or a negative resolution.
A
2PFABQ