CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
113
CONFIDENTIAL
CHKD 24.
9 AUG 1990
TRY
274
4454
MDLIAN 1778
видря
TOP COPY Q DIST?
!
TELNO 2469
OF 09052OZ AUGUST 90
INFO PRIORITY PEKING, UKREP JLG HONG KONG,
KONG,
HKG
LONDON
HKGO LONDON PERSONAL FOR YAXLEY
BILL OF RIGHTS: CHINESE LAWYER'S VIEWS
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'' WEL 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.