22
COMMENT
CONFIDEN
FELNO 4505
V FCO
EF 0803002 DECEMBER 88
INFO ORZOR ̋TY UKRED JLG HOVE ING.
1111
(210) 213.
201
HKC 031/7
212
ELVOS. 4:54 AND 4327: LV CONVENTION
YOUR TELNOS. 2987. 3063 AND CLE TE AGAINST TORTURE.
OUR PROPOSAL IN FOURTH TUR.
WE ARE GRATEFUL FOR YOUR ACCE= ̃ ̄ANCE OUR UNDERSTANDING IS THAT IN -E DRAFT ORDER IN COUNCIL BARCGRAS– 2 WOULD NOW READ AS FOLLOWS:
> IN ADI KONG.
для
K. MR WE
CON TO ANY OTHER DOWER CONFERRED ON THE LEGISLATURE OF -ONG GOVERNOR OF HONG KON2. BY 2ND WITH
SDVICE AND CONSENT OF THE LEGISLATIVE COUNCIL OF -ONG KONG. MAY. TO THE EXTENT REQUIRED IN ORDER TO IMPLEMENT ON INTERNATIONAL AGREEMENT WHICH APPLIES TO HONG KONG. AND FOR CONNECTED PURPOSES
(A) REPEAL OR AMEND ANY EVOOTYENT SO FAR AS IT IS PART C OF HONG KONG: AND
(B) MOKE LAWS HAVING EXTRA-TERRITORIAL OPERATION.''
2. FURTHER THE EXPLANATORY NOTE WILL OF COURSE NEED TO BE GRENDED ACCORDINGLY,
3. WE -AVE BEEN GRAPPLING WIT- THE CONSTITUTIONAL CONUNDRU OF HOW OUR LEGISLATURE CAN ENACT THIS LEGISLATION BEFORE THE CONVENTION IS
ESTION ANY ARGUMENT 45 O
APPLIED SO AS TO PUT BEYOND O
20S THE NECESSARY AUTHORITY
TO AVOID ANY POTENTIAL C-5 LENGE ON JURISDICTION TO ENACT EXTRATERRITORIALLY, ON A REVIEW OF THE STEPS OUTLINED IN DARA 1(B) OF
TUR AND IN THE LIGHT OF -E LAW DRAFTYON'S ADVICE THAT A LAW IS YADE WHEN THE GOVERNOR CSSENTS. HAVE CONCLUDED THAT THE BEST COURSE IS TO DELAY THE GOVERNOR'S ESSENT TO THE LEGISLATION 50 2 TO COINCIDE WITH THE DATE OF THE GODLICATION OF THE AGREEMENT.
| | |
4. GENERO__Y THE AIM OF THE EXERCISE IS SYNCHRONISATION AND WE ARE GRATEFUL FOR YOUR UNDERTAKING IN DARA 3 OF FIRST TUR.
5. THUS WE ENVISAGE THE FOLLOWING STEPS
to coll
+ DA
Buric.
be
в
22
21/1/2
/(A) IN THE UK. AN ORDER IN COUNCIL IS MADE UNDER THE HK ACT:
POT:
(B) IN HONG KONG. THE BILL PASSES ALL STAGES EXCEPT GOVERNOR'S ASSENT (C) WE NOTIFY YOU OF CONCLUSION OF (B) IDEALLY BEFORE CLOSE OF PLAY.
YOUR TIME ON A WEDNESDAY (LEGCO SITTING DAY): (D) APPLICATION OF CONVENTION TO HONG KONG. ASSENT BY THE GOVERNOR
AND PUBLICATION IN THE GAZETTE. IDEALLY TAKE PLACE ON THE IMMEDIATELY FOLLOWING FRIDAY (NORMAL PUBLISHING DAY OF THE GAZETTE).
Need to
UNJ UN JE
to MK
NTD to c