Y
CONFIDENTIAL
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1866
OF 08171OZ OCTOBER 90
HKD2G
ECE
GMD
- 9 OCT 1990
TRY
Posti tääll
PERSONAL FOR GOVERNOR FROM PAUL, HKD
BILL OF RIGHTS
།། ༈པ
(329
115676
MDHOAN 8766
TOP COPY Q DIST?
Амара
19/10
1. I HAVE TELEGRAPHED SEPARATELY ABOUT AN IDEA WHICH EMERGED IN THE MARGINS OF JLG XVI ABOUT A POSSIBLE MEANS OF WINNING CHINESE ACQUIESCENCE IN THE BILL OF RIGHTS, BY THE INCLUSION OF A REFERENCE TO THE FACT THAT THE BILL IS SUBJECT TO THE BASIC LAW. YOU SHOULD BE AWARE THAT ON THE POLICY SIDE OF THE FCO, AND AT MINISTERIAL LEVEL, WE BELIEVE THAT THIS IS AN IDEA WHICH, DESPITE ITS OBVIOUS DRAWBACKS, SHOULD BE CAREFULLY CONSIDERED. THE PRIZE OF SQUARING THE CHINESE IS OF SUCH POTENTIAL VALUE
THAT WE SHOULD NOT OVERLOOK ANY POSSIBLE MEANS OF DOING SO.
2. HOWEVER, I FEEL DUTY BOUND TO DRAW UNEQUIVOCALLY TO YOUR ATTENTION THE FULL EXTENT OF THE RESERVATIONS WHICH PAUL FIFOOT HAS, NOT ONLY ABOUT THIS PARTICULAR PROPOSAL, BUT ALSO MORE GENERALLY ABOUT THE APPROACH ADOPTED IN THE CURRENT DRAFT OF THE
BILL OF RIGHTS. I AM THEREFORE FAXING TO YOU HIS
LATEST MINUTE TO ME ON THE SUBJECT. I AM NOT QUALIFIED TO MAKE A JUDGEMENT ON THE VALIDITY OF FIFOOT'S ARGUMENTS, NOR ON THE RELATIVE WEIGHT THAT SHOULD BE GIVEN TO THEM. I AM ALSO AWARE THAT MOST OF THESE CONCERNS ARE NOT NEW, AND HAVE BEEN VOICED AND CONSIDERED CAREFULLY OVER THE PAST MONTHS. IN DRAFTING THE BILL OF RIGHTS, IT HAS BEEN NECESSARY TO STRIKE A BALANCE BETWEEN WHAT WOULD BE DESIRABLE FROM A LEGAL POINT OF VIEW AND WHAT IS REALISTIC FROM A POLITICAL PERSPECTIVE. FOR THAT REASON, FOR EXAMPLE, I DO NOT PERSONALLY AGREE WITH THE COMMENTS IN PARA 5 OF FIFOOT'S MINUTE.
3
NEVERTHELESS, IT IS WORRYING THAT AT THIS LATE STAGE SUCH FUNDAMENTAL DIFFERENCES OF VIEWS SHOULD STILL EXIST. I AM CERTAINLY NOT SUGGESTING THAT IT WOULD BE SENSIBLE OR REALISTIC TO EMBARK UPON A FUNDAMENTAL CHANGE OF COURSE. BUT I THINK WE DO NEED TO TAKE SERIOUSLY WHAT FIFOOT SAYS ABOUT THE DIFFICULTIES THE COURTS WILL FACE OVER THE VARIOUS CONFLICTS AND INCONSISTENCIES HE HAS IDENTIFIED WITH OR WITHOUT A NEW CLAUSE
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