Mr Spinny 78
For advice pl R11018
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 2469
OF 09052OZ AUGUST 90
Tetart
CONFIDENTIAL
My theorden.
044543
MDLIAN 1778
Someone in 1th mud,
На
мин
ungently to present Tintin with
ей
INFO PRIORITY PEKING, UKREP JLG HONG KONG, HKGO LONDON
HKGO LONDON PERSONAL FOR YAXLEY
BILL OF RIGHTS: CHINESE LAWYER'S VIEWS
to this
-wither artuti or
intermen
9/48
TIN TIN DAILY CARRIED ON 8 AUGUST 1990 AN EXCLUSIVE INTERVIEW WITH FORMER BLDC MAINLAND MEMBER WU JIANFAN IN PEKING, WHO SAID THAT THE REVISED BILL OF RIGHTS WAS STILL IN CONFLICT WITH THE
BL.
2. WU SAID THAT THE REVISED BILL WAS STILL GIVEN A STATUS SUPERIOR TO ALL OTHER LAWS (FA LU) (SIC), WHICH DID NOT EXIST IN
HONG KONG'S PRESENT LEGAL SYSTEM. HE POINTED OUT THAT TERMS IN THE BILL LIKE ''LIFE OF THE NATION'' AND RESTRICTIONS GOVERNING PUBLIC EMERGENCIES WERE THOSE USED FOR NATIONAL ENTITIES BUT NOT
LOCAL GOVERNMENT.
3. HE FURTHER SAID THAT WHILE IT WAS CLAIMED THAT THE BOR WAS DRAFTED IN ACCORDANCE WITH THE BL, ITS PROVISIONS WERE COPIED DIRECTLY FROM THE ICCPR. FOR INSTANCE, ART. 11(1) OF THE BOR READ ''EVERYONE CHARGED WITH A CRIMINAL OFFENCE SHALL HAVE THE RIGHT TO BE PRESUMED INNOCENT UNTIL PROVED GUILTY ACCORDING TO LAW'' ART. 87 OF THE BL, ON THE OTHER HAND, PROVIDED THAT ''ANYONE SHALL BE PRESUMED INNOCENT UNTIL CONVICTED BY JUDICIAL ORGANS WE SAID THAT THE LEGAL DEFINITIONS OF ''UNTIL PROVED GUILTY'' AND
''UNTIL CONVICTED'' WERE ENTIRELY DIFFERENT.
·
4.
ON WHETHER THE NT CUSTOMS WOULD CONTRAVENE THE BOR, WU SAID THAT WHILE HKG OFFICIALS HAD EXPLAINED THAT THERE WAS NO QUESTION THEIR CONTRAVENING THE BOR, IT COULD BE FOR THE COURTS, UPON THE ENACTMENT OF THE BOR, TO INTERPRET IF SUCH CUSTOMS WERE AGAINST THE BILL. THE COURTS MAY NOT SEE THIS ISSUE IN THE SAME WAY AS HKG OFFICIALS. ON THE OTHER HAND, IF THE NT INDIGENOUS RESIDENTS WERE IN EFFECT EXEMPTED FROM THE BOR, THERE COULD BE MORE EXEMPTIONS WHICH WOULD BE CONTRARY TO UNDERTAKINGS GIVEN BY OFFICIALS.
Miss Marsden
I suggest
me jeck HK's
reachon to this idea. I attach
a draft relegraon
CS 2018
PAGE 1 CONFIDENTIAL
pw.
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