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(b) Given the closeness with which a number of NGOs have been following this issue, the fact of making any amendments is likely to focus public attention on the existing law and practice and thereby make it more likely that the present incompatibility with the ICCPR will be commented upon. Public interest is likely to be all the greater because of the almost simultaneous passage through LegCo of a Bill of Rights designed to make the ICCPR justiciable in Hong Kong; and
13. A further complication is the fact that we will be presenting the Third UK Period Report under the ICCPR to the Human Rights Committee in New York on 1-3 April. We could be seen to have acted in bad faith if we did not inform the Committee of the impending changes: the Committee's written findings (in about June) would enable it to comment after promulgation of the amendments, so there would be nothing to be gained from concealment. To be found in breach (and moreover to have arguably acted in bad faith in our presentation) would damage our reputation for upholding the rule of international law and respect for human rights.
14.
If Ministers decide to authorise the amendments, we should therefore try to pre-empt criticism as far as possible by:
(a) being as forthcoming as we can with the Human Rights Committee about the proposed amendments and stressing to the Committee (and more widely) the consequences for Hong Kong of releasing the detainees;
MUKAMZ/8
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THIS IS A COPY THE ORIGINAL HAS BEEN
CLOSED UNDER
FOI EXEMPTION NO...2.7.1.)