CONFIDENTIAL
нис241 5
REC
3
110222
MDLOAN 8640
29 JAN 1991
CONFIDENTIAL
FM FCO
TO PRIORITY HONG KONG TELNO 59
OF 111155Z JANUARY 91
*
INFO ROUTINE PEKING, UKREP JLG HONG KONG
DIST ?
"BOR: policy fa Qu
14/1
о
YOUR TELNO 66: BILL OF RIGHTS (BOR)
1 WE ARE CONTENT WITH THE PROPOSALS IN PARAGRAPH 2(1) AND (2) OF TUR.
2.
ON THE PROPOSAL AT PARAGRAPH 2(3), THE ADDITION OF THE WORDS ''BY MEANS OF A SINGLE LEGISLATIVE MEASURE'' ADDS NOTHING TO THE NORMATIVE EFFECT OF THE BILL. THE PRESENCE IN AN INTERPRETATION CLAUSE OF WHAT ARE ESSENTIALLY OTIOSE WORDS MAY PUZZLE THE COURTS IN THEIR ATTEMPT TO GIVE MEANING TO EVERY PROVISION IN AN ENACTMENT. WE WOULD HOPE, HOWEVER, THAT THE COURTS WOULD BE PREPARED TO TREAT THE WORDS IN THIS CLAUSE AS PURELY DESCRIPTIVE. AND, SINCE THIS AMENDMENT MAY HELP TO MAKE THE BILL OF RIGHTS ACCEPTABLE TO THE CHINESE, WE AGREE WE SHOULD TRY IT.
3. AS YOU KNOW (MY TELNO 2271 PARA 1(B)), WE WOULD BE CONTENT TO SEE CLAUSE 4 DROPPED IF THIS WOULD SECURE CHINESE AGREEMENT. BUT WE ACCEPT THE PRESENTATIONAL ARGUMENTS AND ARE CONTENT WITH THE COURSE OF ACTION PROPOSED IN PARAGRAPH 3 OF TUR.
HURD
YYYY
ΜΑΙΝ
58
.HONG KONG AGREEMENT
. (RESTRICTED)
LIMITED
HKD
HD/FED
NEWS D
DISTRIBUTION
60
PUSD
RAD
PAGE
PS/LORD CAITHNESS
PS/MR LENNOX-BOYD
MR MCLAREN
MR BURNS
1
CONFIDENTIAL