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HK0241/1
RECE
15 NOV 1990
389
072547 MDLOAN 3405
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FM FCO
TO ROUTINE HONG KONG
TELNO 2150
OF 141030Z NOVEMBER 90
INFO ROUTINE UKREP JLG HONG KONG, PEKING
243)
TOP COPY 15/11
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YOUR TELNO 2248: BILL OF RIGHTS: COMPATIBILITY BETWEEN ICCPR AND NT LAND POLICIES
1. WE OWE YOU (PARA 5 OF TUR) AN ANSWER ON WHETHER, WHEN THE ICCPR WAS APPLIED TO HONG KONG IN 1976 OR DURING NEGOTATION OF THE JD, HMG EXPRESSED A VIEW ON THE COMPATIBILITY BETWEEN THE ICCPR AND NT LAND POLICIES.
2.
RESEARCH DEPARTMENT HAVE CARRIED OUT AN EXHAUSTIVE CHECK OF OUR FILES. AS WE SUSPECTED (MY TELNO 1354), WE CAN FIND NO RECORD OF HMG HAVING GIVEN A VIEW ON THIS QUESTION EITHER IN CONNECTION WITH THE SIGNATURE OR RATIFICATION OF THE ICCPR, IN REPORTS AND STATEMENTS MADE TO THE HUMAN RIGHTS COMMITTEE OR DURING THE SINO-BRITISH NEGOTIATIONS IN 1984. YOU SHOULD THEREFORE LIMIT YOUR STATEMENTS TO HKG'S POSITION. (WE NOTE THE FORMULATION USED IN PARA 18 OF THE EXCO PAPER XCC(90)112 OF 13
JULY. WE SHOULD LIKE ONE CLARIFICATION TO THIS IF IT IS TO BE USED AS A PUBLIC LINE. SINCE IT IS FOR HMG, AS SIGNATORY TO THE JD, TO 'ACCEPT' JD 156, 204 AND 205, THE SECOND SENTENCE WOULD BE READ TO REFER TO HMG'S POSITION. WE ASSUME IT WAS INTENDED TO REFER ONLY TO HKG'S POSITION AND THINK THIS SHOULD BE BROUGHT OUT MORE CLEARLY).
3.
IN THE COURSE OF THEIR RESEARCHES, RESEARCH DEPARTMENT UNEARTHED A WEALTH OF MATERIAL RELEVANT TO THE APPLICATION OF THE ICCPR, INCLUDING STATEMENTS AND OPINIONS BY HKG. THESE MAY WELL ALREADY BE READILY AVAILABLE TO YOU AND WE DO NOT CLAIM THAT THEY ARE EXHAUSTIVE. BUT YOU MAY FIND IT USEFUL TO HAVE THEM FOR REFERENCE. WE ARE THEREFORE FAXING TO DYKES, ASSISTANT SOLICITOR GENERAL A MINUTE FROM WALKER TO MAJOR.
HURD
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