CONFIDENTIAL
Im (189
105454
MDHIAN 7058
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 2031
OF 290959Z JUNE 90
HKD 241
HAY
RY
RECE
IN..
-5 JUL 1990
GISTRY Juon Taken
INFO PRIORITY PEKING, UKREP JLG HONG KONG
JLG
(118)
YOUR TELNO 1008: BILL OF RIGHTS:
крис
TOP COPY
Q DIST?
Tel out
SUGGESTED AMENDMENTS
& hustr
WE APOLOGISE FOR NOT RESPONDING EARLIER ON THE QUESTION OF DIRECT
APPLICABILITY OF THE ARTICLES. IT HAS BEEN THE SUBJECT OF
CONSIDERABLE DISCUSSION HERE AND DEALT WITH IN A PAPER COMMISSIONED BY US.
2.
(1)
(2)
WE HAVE THE FOLLOWING PARTICULAR COMMENTS:
ARTICLE 1(1). THE SUGGESTED AMENDMENT WOULD NOT IN OUR
VIEW BE CONSISTENT WITH THE ICCPR. IT WOULD EXCLUDE PERSONS ON HONG KONG REGISTERED SHIPS AND AIRCRAFT FROM THE PROTECTION OF THE BILL. THIS WOULD FAIL TO GIVE EFFECT TO THE WORDS ''AND SUBJECT TO ITS JURISDICTION'' IN ARTICLE 2(1)
OF THE ICCPR. WE WOULD THEREFORE PREFER NOT TO ADOPT THIS SUGGESTION. AS TO SUBSTITUTING 'ACCORDED FOR ENJOYED'', THIS WOULD HAVE A PUBLIC RELATIONS DRAWBACK THAT THE
AUTHORITIES HERE WOULD BE PURPORTING TO CONFER RIGHTS WHICH SHOULD BE ENJOYED AS A MATTER OF RIGHT. IF THERE IS TO BE ANY CHANGE, WE WOULD PREFER SUBSTITUTING ''SHALL BE'' FOR ''ARE''.
ARTICLE 18. THE DISADVANTAGE OF YOUR SUGGESTION IS THE ADDITION OF SIGNIFICANT WORDS NOT CONTAINED IN ICCPR
ARTICLE 21. IF THERE IS TO BE A CHANGE (THE NEED FOR WHICH
WE DOUBT), WE WOULD SUGGEST 'THE RIGHT OF PEACEFUL ASSEMBLY IS RECOGNISED.'
(3) ARTICLE 23. AS WE UNDERSTAND THE POSITION, THIS ARTICLE IS INTENDED, AND HAS BEEN INTERPRETED, TO MEAN THAT DISCRIMIN- ATION BY LAWS IS PROHIBITED. SEE FOR EXAMPLE THE VIEWS OF THE
UN HUMAN RIGHTS COMMITTEE IN CASE 180/84. SQUARE BRACKETS
BEGIN THERE IS ALSO THE UNHRC COMMENT CCPR/C/21 REV.
1/ADD.1. SQUARE BRACKETS END. WE ARE CONCERNED LEST A CHANGE
TO THE WORDING WILL MAKE IT EASIER FOR SOMEONE TO ARGUE THAT THE ARTICLE, PARTICULARLY WHEN COMPARED WITH THE TEXT OF
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