RECEIVED IN PRIVATE OFFICE
18 DEC 1902} ACKD
My dear Minister, 10829
The
President
Court of Appeal Supreme Court Sydney
No Ricketts. HKD
I should be grateful for advice & draft reply (by 30/12 pl the Corfield Joy
16 December 199218/12.,
CONSTITUTIONAL DEVELOPMENTS IN HONG KONG
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I write to you in my capacity of Chairman of the Executive Committee of the International Commission of Jurists, Geneva.
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I have read the Hansard of the debates in the House of Lorge ord fod
December 1992 in which reference was made to the suggested disconformity between the constitutional developments proposed by hie Excellency the Governor of Hong Kong and the Basic Law. I understand that the United Kingdom Government proposes to consider in the immediate future the constitutional changes proposed by the Governor of Hong Kong.
The International Commission of Jurists does not accept the suggestion of disconformity. The plain duty of the United Kingdom under international law, as the colonizing power, is to ensure, before its departure from Hong Kong that it sets in place appropriate machinery for the protection of basic human rights, the rule of law, the independence of the judiciary and of the legal profession. agreement or local law can alter that obligation
NO
It will be a cause of outrage throughout the world if the rather modest reforms proposed by the Governor are blocked particularly as a result of pressure upon her Majesty's Government by the Government of the People's Republic of China and by business interests in Hong Kong which have been notoriously neglectful of, or antipathetic to, basic human rights.
I am alarmed to read in the Economist that his
Excellency's proposals are expected to be "watered down".
I would call to your attention the report of the Mission of the International Commission of Jurists to Hong Kong, That Mission was led by Sir William Goodhart QC. As the report of that Mission points out, the Joint Declaration signed by the two governments in 1984 expressly declared that "the legislature of the Hong Kong special administrative region should be constituted by elections". If there is any inconsistency it is between the Basic Law and the Joint Declaration. It is China which has departed from its agreement with the United Kingdom.
The only proper course for the United Kingdom to follow ie to adhere to principle and international law. The relevant principle is found in Article 25 of the International Covenant on Civil and Political Rights. This promises that citizens shall have the right to vote and be elected in genuine periodic elections "by universal and equal sufferage".
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The Hon Justice Michael Kirby AC CMG Telephone (+61 2) 230 8203
GPC Box 3 Sydney NSW 2001 Australia DX 829 Sydney Telefacsimile (+61 2) 235 1006