CONFIDENTIAL
HKC 241/1
CONFIDENTIAL
FM FCO
TO DESKBY 15093OZ BANGKOK
TELNO 33
OF 150745Z JANUARY 92
001154 MDHOAN 7877
TOP COPY Q DIST?
TELCON RESIDENT CLERK/CHANCERY FOLLOWING FOR PS/LORD CAITHNESS
1. THE SECRETARY OF STATE AGREES WITH THE PROPOSALS IN THE
FOLLOWING SUBMISSION AS LONG AS LORD CAITHNESS IS CONTENT:
TEXT BEGINS:
HONG KONG BILL OF RIGHTS: REVIEW OF LEGISLATION
PROBLEM
1.
HONG KONG GOVERNMENT (HKG) NEED TO AMEND SIX ORDINANCES EXEMPTED FROM THE OPERATION OF THE BILL OF RIGHTS (BOR) UNTIL 7 JUNE 1992, TO MAKE THEM COMPATIBLE WITH THE BOR. THE CHINESE OPPOSED THE BOR AND WILL OBJECT TO THESE AMENDMENTS. SHOULD WE
CONSULT OR BRIEF THE CHINESE BEFORE PUBLISHING THEM.
RECOMMENDATION
2. I RECOMMEND THAT WE PROCEED CASE BY CASE AND THAT IN THE FIRST INSTANCE, HKG SHOULD PUBLISH ITS PROPOSALS FOR AMENDING TWO ANTI-CORRUPTION ORDINANCES, WITHOUT FURTHER SUBSTANTIVE PRIOR DISCUSSION WITH THE CHINESE. WE SHOULD TRY TO GET THE
LEGISLATION THROUGH AND THE INEVITABLE ROW BEHIND US AS QUICKLY
AS POSSIBLE. I SUBMIT A DRAFT TELEGRAM.
BACKGROUND
3. FOLLOWING TIANANMEN, THE HONG KONG GOVERNMENT BEGAN DRAFTING A BILL OF RIGHTS (BOR), WHICH BECAME LAW IN HONG KONG ON 8 JUNE 1991. CHINA OPPOSED THE BOR, AS IT OPPOSED ALL MEASURES TAKEN IN RESPONSE TO TIANANMEN, AND RESERVED THE RIGHT TO EXAMINE AT AN APPROPRIATE TIME AFTER 1997 ALL LAWS CURRENTLY IN FORCE, INCLUDING THE BOR, IN ACCORDANCE WITH THE PROVISIONS OF THE BASIC LAW.
4.
SPECIFIC CHINESE CONCERNS WERE POLITICAL RATHER THAN LEGAL:
(I) THE BOR'S STATUS VIS-A-VIS THE BASIC LAW. WE REPEATEDLY
ASSURED THE CHINESE THAT THE BOR WOULD NOT HAVE A SUPERIOR
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