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CONFIDENTIAL

FM FCO

TO DESKBY 16003OZ HONG KONG

TELNO 52

OF 151345Z JANUARY 92

INFO PRIORITY PEKING, UKREP JLG HONG KONG

Ø

YOUR TELNOS 56 AND 120 BILL OF RIGHTS: REVIEW OF LEGISLATION

1. NONE OF THE OPTIONS AVAILABLE TO US FOR HANDLING THE

QUESTION OF CONSULTATION WITH THE CHINESE ON AMENDING THESE ORDINANCES TO BRING THEM INTO LINE WITH THE BILL OF RIGHTS (BOR) IS FREE FROM DIFFICULTIES. BUT MINISTERS AGREE THAT, IF EXCO ARE CONTENT, IT IS RIGHT TO PUBLISH AND PROCEED WITH THE AMENDMENTS TO THE PREVENTION OF BRIBERY AND ICAC ORDINANCES WITHOUT FURTHER ADVANCE DISCUSSION WITH THE CHINESE AND THAT WE SHOULD CONSIDER HANDLING OF SUBSEQUENT AMENDMENTS CASE-BY-CASE. SUBJECT TO YOUR VIEWS AND THOSE OF OTHER ADDRESSEES, WE BELIEVE THAT WE SHOULD HOWEVER LET THE CHINESE KNOW OF THE PUBLICATION OF THE DRAFT AMENDMENTS SHORTLY BEFOREHAND, AS A COURTESY.

2. WE NOTE FROM YOUR TELNO 120 THAT YOU INTEND TO INTRODUCE THESE AMENDMENTS INTO LEGCO BY THE END OF FEBRUARY. IF THIS CANNOT BE DONE UNTIL CLOSE TO THE END OF FEBRUARY, THIS WILL BE UNCOMFORTABLY CLOSE TO QIAN QICHEN'S VISIT HERE ON 9-10 MARCH. IS THERE ANY CHANCE OF MOVING THE INTRODUCTION INTO LEGCO FORWARD TO MID-FEBRUARY? IF NOT, THERE MAY BE ADVANTAGE IN WAITING UNTIL AFTER THE QIAN VISIT. ALTHOUGH WE UNDERSTAND THE URGENCY OF GETTING THESE AMENDMENTS ADOPTED, WE DO NOT WANT THE TALKS WITH QIAN TO BE SIDE-TRACKED BY A DISPUTE ABOUT WHETHER WE SHOULD HAVE CONSULTED THE CHINESE ON THIS ISSUE.

HURD

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PAGE 1 CONFIDENTIAL

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