CONFIDENTIAL
FM FCO
TO DESKBY 06010OZ HONG KONG
TELNO 1260
OF 051435Z JULY 90
CONFIDENTIAL
HKD24
D241/1
мое
12 JUL 1990
INFO IMMEDIATE UKREP JLG HONG KONG, PEKING
(195)
OUR TELNO 1246: BILL OF RIGHTS
(202
123073
MDHOAN 1968
TOP COPY Q/DIST?
FOIS
1. WE AND OUR LEGAL ADVISERS HAVE NOW HAD AN OPPORTUNITY TO
STUDY MORE CLOSELY THE DRAFT EXCO MEMORANDUM (THE 3 JULY
VERSION) AND THE DRAFT BILL ATTACHED TO IT. WE ARE FAXING TO CONSTITUTIONAL AFFAIRS BRANCH (WITH COPIES TO UKREP JLG AND PEKING) A MINUTE BY PAUL FIFOOT SETTING OUT HIS COMMENTS ON
THE DRAFT AS IT NOW STANDS.
2. WE ACCEPT THAT A BILL OF THIS KIND WILL INEVITABLY CONTAIN GREY AREAS, ABOUT WHICH OPINIONS ARE BOUND TO DIFFER. WE DO NOT THEREFORE PROPOSE, AND HAVE NEVER SOUGHT, TO TAKE ISSUE WITH EACH AND EVERY DRAFTING POINT ABOUT WHICH WE HAVE RESERVATIONS.
3. IT IS HOWEVER CLEAR FROM THE MATERIAL WHICH YOU HAVE FAXED TO US THAT THERE SOME POINTS WHICH GIVE RISE TO REAL DIFFICULTIES.
4. THESE KEY ISSUES ARE AS FOLLOWS:
·
(A) THE FREEZE PERIOD AND ITS IMPLICATIONS. (CLAUSE 7(3) AND CLAUSE 14). THESE CLAUSES DEMONSTRATE THAT AS FAR AS THIRD PARTY RIGHTS ARE CONCERNED, HONG KONG HAS NO SAFEGUARDS AS REGARDS THE PROTECTION OF PRIVACY, DATA ETC, AND THAT YOU CONSIDER IT UNSAFE TO CHANCE TESTING EXISTING LEGISLATION AGAINST THE BILL OF RIGHTS AND THAT THIS STATE OF AFFAIRS IS LIKELY TO CONTINUE FOR CERTAINLY ONE, PROBABLY TWO AND POSSIBLY MORE YEARS. AS IT STANDS, THEREFORE, THE DRAFT IS VULNERABLE TO THE ACCUSATION THAT, UNTIL YOU PUT THESE OTHER LAWS IN ORDER, IT WOULD BE PREMATURE TO ENACT A BILL OF RIGHTS (WHICH WOULD BE SEEN AS A GESTURE, RATHER THAN A REAL SAFEGUARD FOR INDIVIDUALS' RIGHTS).
(B) THE POSSIBLE EFFECT OF THE BILL OF RIGHTS ON THE THE RIGHTS OF THE INHABITANTS OF THE NEW TERRITORIES. QUITE APART FROM ANY QUESTION OF CONSISTENCY WITH THE JOINT
AND ARTICLE 40 OF THE BASIC LAW WE DO NOT
DECLARATION
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CONFIDENTIAL