CONFIDENTIAL
HKD241:1
310
040220 MDHIAN 0362
CONFIDENTIAL
FM HONG KONG
TO DESKBY 21110OZ F C O
OF 21095OZ SEPTEMBER 90
TELNO 2827
EP 1990
1990
INFO IMMEDIATE UKREP JLG HONG KONG, PEKING
310
COPY
ST?
7311
OUR TELNO 2797, YOUR TELNO 210 AND UKREP JLG TELNO 332 BILL OF
RIGHTS (BOR).
WE HAVE DISCUSSED THE TEXT OF A FALL-BACK SUBSTANTIVE REFERENCE TO THE LETTERS PATENT (LP) IN THE BOR DURING THE PREPARATORY MEETINGS FOR JLG XVI. AS A RESULT WE HAVE PRODUCED A REVISED VERSION AS FOLLOWS:
(QUOTE) THIS ORDINANCE SHALL BE APPLIED IN ACCORDANCE WITH SQUARE BRACKETS BEGIN ANY PROVISION IN SQUARE BRACKETS END SQUARE BRACKETS BEGIN ARTICLE XX OF SQUARE BRACKETS END THE LETTERS PATENT REQUIRING THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, AS APPLIED TO HONG KONG, TO BE IMPLEMENTED IN HONG KONG.
IN INTERPRETING AND APPLYING THIS ORDINANCE, REGARD SHALL ALSO BE HAD TO THE FACT THAT THE PURPOSE OF THIS ORDINANCE IS TO IMPLEMENT FURTHER THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AS APPLIED TO HONG KONG (UNQUOTE).
THESE TWO PROVISIONS ARE INTENDED TO BE TWO SEPARATE SUB-CLAUSES OF CLAUSE 2 OF THE BOR.
2.
I AM PERSONALLY ATTRACTED BY THE IDEA OF A REFERENCE TO A SPECIFIC ARTICLE IN THE LETTERS PATENT, I.E. THE SECOND ALTERNATIVE IN SQUARE BRACKETS IN THE FIRST PROVISION ABOVE. HOWEVER, THIS WOULD REQUIRE CAREFUL CO-ORDINATION OF THE PASSING OF THE BASIC LAW AND THE MAKING OF AMENDMENTS TO THE LETTERS PATENT. ON THE OTHER HAND, THE REFERENCE TO (QUOTE) ANY PROVISION (UNQUOTE), ALTHOUGH CLUMSY, MAY BE MORE ACCEPTABLE TOT HE CHINESE AND IS TO A CERTAIN EXTENT MORE FLEXIBLE.
3.
I SUGGEST THAT THE TEXT OF THE REFERENCE TO THE LP IN THE BOR, THE TEXT OF THE LP AMENDMENTS, THE TIMETABLE FOR THE LP AMENDMENT HEA
DISCUSSED WITH THE JLG TEAM IN LONDON NEXT WEEK.
SHOULD BE
VJILSON
!!!
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