CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 1826
OF 061203Z JUNE 91
CONFIDENTIAL
HKC 241/5 Mr Walwyn UND
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123166
MDHIAN 0045
fa Bork: policy RM 6/6. TOP COPY Q DIST?
INFO PRIORITY PEKING, UKREP JLG HONG KONG
BILL OF RIGHTS: LEGCO DEBATE AND CHINESE REACTION
SUMMARY
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1. LEGCO PASSED THE BILL OF RIGHTS (BOR) YESTERDAY (5 JUNE). ALL COMMITTEE STAGE AMENDMENTS PROPOSED OR ENDORSED BY THE ADMINISTRATION WERE AGREED.
2. THE CHINESE GOVERNMENT HAVE NOW PUBLICLY REGRETTED THE PASSAGE OF THE BILL, AND STATED THAT IT RESERVES THE RIGHT TO EXAMINE, AT AN APPROPRIATE TIME AFTER 1997, THE LAWS CURRENTLY IN FORCE IN HONG KONG, INCLUDING THE BOR, IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF THE BASIC LAW (BL).
DETAIL
3. 13 UNOFFICIAL MEMBERS SPOKE DURING THE RESUMED SECOND READING DEBATE ON THE BOR. THE MAIN POINTS DISCUSSED WERE:
(A) FREEZE PERIOD
MOST MEMBERS WHO SPOKE SUPPORTED AN AMENDMENT, WHICH THE ADMINISTRATION HAD APPROVED, LIMITING THE APPLICATION OF A FREEZE PERIOD TO ONE YEAR AND TO 6 ORDINANCES. SOME EXPRESSED CONCERN THAT THE BOR SHOULD NOT HAMPER THE ADMINISTRATION'S ABILITY TO MAINTAIN LAW AND ORDER. MARTIN LEE'S PROPOSED AMENDMENT TO DELETE CLAUSE 14 (THE FREEZE PROVISION) AND THE RELATED SCHEDULE WAS RULED OUT BY EARLIER AGREEMENT, IN THE COMMITTEE STAGE, TO THE AMENDMENT REFERRED TO ABOVE.
(B) INTER-CITIZEN RIGHTS
THE MAJORITY OF SPEAKERS SUPPORTED THE AMENDMENT EXCLUDING INTER- CITIZEN RIGHTS FROM THE BOR. SEVERAL URGED THE GOVERNMENT TO CONSIDER SPECIFIC LEGISLATION TO PROTECT SUCH RIGHTS.
(C) HUMAN RIGHTS COMMISSION (HRC)
A NUMBER OF MEMBERS SPOKE IN FAVOUR OF THE GENERAL CONCEPT OF A COMMISSION. HOWEVER, VIEWS WERE DIVIDED OVER ITS PRECISE ROLE, E.G. WHETHER IT SHOULD ASSUME INVESTIGATION, ARBITRATION,
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