CONFIDENTIAL
(321)
066733 MDHOAN 8160
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1816
OF 28170OZ SEPT 90
HKD 241/1
- 8 OCT 1990
ତ
ра
Вск
INFO ROUTINE UKREP JLG HONG KONG, PEKING
·314
MY TELNO 2827: BILL OF RIGHTS: LETTERS PATENT
1.
FOLLOWING DISCUSSION WITH STOCK AND DYKES, LEGAL ADVISERS HAVE PREPARED ALTERNATIVE TEXTS FOR A NEW ARTICLE VII(3) OF THE LETTERS PATENT AS FOLLOWS:
A. QUOTE (3) THE PROVISIONS OF THE INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL RIGHTS ADOPTED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 16 DECEMBER 1966, AS APPLIED TO HONG KONG SHALL BE IMPLEMENTED THROUGH THE LAWS OF HONG KONG. NO LAW OF HONG KONG MAY BE MADE AFTER THE COMING INTO OPERATION OF THE HONG KONG LETTERS PATENT (NO 2) 1990/THAT RESTRICTS THE RIGHTS AND FREEDOMS ENJOYED IN HONG KONG IN A MANNER WHICH IS INCONSISTENT WITH THAT COVENANT AS APPLIED TO HONG KONG:
B.
PROVIDED THAT/A LAW OF HONG KONG ENACTED BEFORE 1 JANUARY 1991 FOR THE PURPOSE OF IMPLEMENTING THE SAID COVENANT MAY PROVIDE THAT NOTHING CONTAINED IN ANY LAW IN FORCE IN HONG KONG IMMEDIATELY BEFORE THE MAKING OF THESE LETTERS PATENT NOR ANYTHING DONE UNDER THE AUTHORITY OF ANY SUCH LAW THEN
IN FORCE SHALL [FOR A PERIOD OF NOT EXCEEDING TWO YEARS BE
HELD TO BE INCONSISTENT WITH OR DONE IN CONTRAVENTION OF ANY OF THE PROVISIONS OF THE LAW FOR THE IMPLEMENTATION OF THE COVENANT. UNQUOTE.
QUOTE (3) THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS ADOPTED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 16 DECEMBER 1966, AS APPLIED TO HONG KONG, SHALL BE IMPLEMENTED THROUGH THE LAWS OF HONG KONG. SAVE AS MAY BE PROVIDED IN AN EXISTING LAW, NO LAW OF HONG KONG SHALL RESTRICT THE RIGHTS AND FREEDOMS ENJOYED IN HONG KONG IN A MANNER WHICH IS INCONSISTENT WITH THAT COVENANT AS APPLIED TO HONG KONG: AND, UNLESS IT IS SOONER REPEALED, ANY EXISTING LAW WHICH SO RESTRICTS SUCH RIGHTS AND FREEDOMS SHALL, TO THE EXTENT OF THE INCONSISTENCY, CEASE TO HAVE EFFECT ON THE EXPIRATION OF 2 YEARS FROM THE COMING INTO
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