CONFIDENTIAL
154404
MDHIAN 9135
See
H& Telno
2257
GIVE THEM THE RIGHT OF ABODE.
4.
THESE CRITICISMS CAN BE COUNTERED BY THE FACT THAT THE AMENDED
LETTERS PATENT WILL SAY THAT NO FUTURE LAWS CAN BE INCONSISTENT WITH THE ICCPR AS APPLIED TO HONG KONG. ARTICLE 25 OF THE ICCPR REFERS TO QUOTE CITIZEN UNQUOTE, SO NO FUTURE LAW CAN REDUCE THE EXISTING RIGHTS OF BRITISH OR OTHER CITIZENS. THE FORMULATION MAY ALSO AROUSE COMMENT FROM OTHER FOREIGN NATIONALS RESIDENT IN HONG KONG WHO (LIKE UK CITIZENS) ARE ALREADY UPSET AT NOT BEING GRANTED THE RIGHT OF ABODE WHEN THIS CONCEPT WAS ESTABLISHED IN LAW TO COVER HONG KONG BELONGERS. WHEN THE CS INTRODUCES THE BILL OF RIGHTS IN LEGCO ON 25 JULY, HE WILL REFER TO THE PROTECTION AFFORDED BY THE PROPOSED AMENDMENT TO THE LETTERS PATENT AND MAKE IT CLEAR THAT WE SHALL INTERPRET THE TERM QUOTE PERMANENT RESIDENT UNQUOTE TO COVER THE APPROPRIATE CATEGORIES OF FOREIGN NATIONALS AND HAVE NO/NO INTENTION OF ALTERING ANY EXISTING RIGHTS.
5. ON (E), WE TOLD EXCO THAT HMG WAS CHECKING ITS RECORDS ON THE 1976 APPLICATION OF THE ICCPR TO HONG KONG AND ON THE RELEVANT JD
but para 18
& Whs (238)
gives
HKG
new.
News
Dept. warned
DISCUSSIONS.
UKREP JLG WILL BE BRIEFING GUO TOMORROW (18 JULY) MORNING ON EXCO'S CONCLUSIONS. WE SHALL HOLD A PRESS CONFERENCE IN THE AFTERNOON OF THE SAME DAY. THE BILL WILL BE GAZETTED ON 20 JULY AND INTRODUCED IN LEGCO ON 25 JULY AS PLANNED.
6.
7. SEE MIFT.
WILSON
YYYY
DISTRIBUTION
61
ΜΑΙΝ
58
.HONG KONG AGREEMENT
. (RESTRICTED)
LIMITED
HKD
HD/FED
RAD (FE)
PUSD
NEWS D
PS/MR MAUDE
PS/LORD BRABAZON
MR MCLAREN MR BURNS
ADDITIONAL
3
2
PAGE
CONFIDENTIAL
MR WHOMERSLEY LEGAL ADVISERS MS BARRETT LEGAL ADVISERS MR FIFOOT LEGAL HOVISERS
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