CONFIDENTIAL
151
MDHOAN 317
226
十
FOLLOWS:
QUOTE WHEREAS PROVISION IS MADE IN ARTICLE VII (3) OF THE HONG KONG LETTERS PATENT 1917 TO 1990 FOR THE IMPLEMENTATION THROUGH
THE LAWS OF HONG KONG OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AS IT IS APPLIED TO HONG KONG UNQUOTE.
4. THE NECESSITY FOR MAKING THE LETTERS PATENT IN ADVANCE OF
THE FINAL ENACTMENT OF THE BOR WOULD REQUIRE AN AMENDMENT OR ADDITION TO THE DRAFT COMPOSED OF THE TEXT OF ARTICLE VII(3) IN
THE FIRST PARAGRAPH OF DYKE'S LETTER OF 9 JULY TO BARRETT AND
PARA 3 OF MY TELNO 1340.
5. A POSSIBLE AMENDMENT WOULD BE TO SUBSTITUTE QUOTE AFTER THE
OPEN SQUARE BRACKETS 1 DECEMBER 1990 OR OTHER DATE CLOSE SQUARE BRACKETS UNQUOTE FOR QUOTE AFTER THE COMING INTO FORCE OF THE HONG KONG LETTERS PATENT (NO2) 1990 UNQUOTE. THAT, HOWEVER, COULD GIVE THE IMPRESSION THAT NEW RESTRICTIONS COULD BE MADE BETWEEN THE MAKING OF THE LETTERS PATENT AND THE SELECTED DATE, WHICH WOULD NOT BE DESIRABLE.
6.
A POSSIBLE ADDITION WOULD BE TO SET OUT IN A PROVISO WHAT IS THE INTENTION OF THE BOR, NAMELY:
QUOTE PROVIDED THAT A LAW OF HONG KONG ENACTED BEFORE OPEN
SQUARE BRACKETS 1 DECEMBER 1990 CLOSE SQUARE BRACKETS FOR THE PURPOSE OF IMPLEMENTING THE SAID COVENANT MAY PROVIDE THAT
NOTHING CONTAINED IN ANY LAW IN FORCE IN HONG KONG IMMEDIATELY BEFORE THE MAKING OF THESE LETTERS PATENT NOR ANYTHING DONE UNDER THE AUTHORITY OF ANY SUCH LAW THEN IN FORCE SHALL OPEN SQUARE BRACKETS FOR A PERIOD OF X YEARS CLOSE SQUARE BRACKETS BE HELD TO BE INCONSISTENT WITH OR DONE IN CONTRAVENTION OF ANY OF THE PROVISIONS OF THE LAW FOR THE IMPLEMENTATION OF THE COVENANT UNQUOTE.
THE SECOND PASSAGE IN SQUARE BRACKETS IS OPTIONAL. IT WOULD, HOWEVER, BE BETTER TO INCLUDE IT AND, IF LIMITED TO TWO OR THREE YEARS, IT WOULD ADD A FURTHER RESTRICTION TO CLAUSE 15 OF THE BOR ORDINANCE.
·
7 THIS ALTERNATIVE APPROACH DRAWS, IN CONCEPT, ON A PRECEDENT IN THE BELIZE CONSTITUTION (S.1 1981/1107).
HURD
YYYY
2
PAGE
CONFIDENTIAL