LIKD

Ma Smile Bunter

Acrin pl

GRATIFY FOR DRAFT REPLY

FROM MR GOODIAD

BY 5/3 PLS.

25 February 1993

Nick All 26/

c. Ps/MR 4 core

Alistair Goodlad

Minister of State

Foreign and Commonwealth Office

King Charles Street

London SW1A 2AH

1/3 مل

2464

RECEIVED DI

MA. 1993

DESK CICER INDEX

PA

Dear Mr Groslaw,

الهالة

90 Borough High St. London SE1 1LL United Kingdom Telephone: 071-403 4822 Facsimile: 071-403 1943

Director: Frances D'Souza

RECIS Action T

XIX

ARTICLE 19

INTERNATIONAL CENTRE AGAINST CENSORSHIP

Thank you very much for your letter of 3 February.

However, I do admit to being bemused by some of the points you make. Our purpose in writing

writing to you originally was to point out some of our areas of concern and to ask for further information from the British government about any plans to resolve these

concerns.

Yet, in your letter you make substantially the same points as those in our report which, I fear, does not take us any further. Thus, for example, we agree that in several respects the Basic Law does not reflect the spirit of the Joint Declaration. We remain concerned about Article 158 of the Basic Law and that the power of final interpretation in cases involving foreign affairs, defence or the relationship between the central authorities and the region lies with the NPC Standing Committee.

These are crucial areas for the right to freedom of expression and we believe that their interpretation should not lie with a political body under the control of the Chinese Communist Party but that they should revert to the Hong Kong judiciary as envisaged by the Joint Declaration.

We remain concerned about the Basic Law provision requiring legislation prohibiting subversion because of the use of that concept in China to detain pro- democracy activists and because China will ultimately have the power to veto Hong Kong legislation which it views as incompatible with the Basic Law.

Nor, sadly, are we swayed by the Hong Kong government's belief that existing mechanisms for dealing with human rights complaints are, or will be, adequate. Indeed, the concerns we clearly share about weak areas in the Basic Law and its implementation do not allay our fears that freedom of expression will be severely threatened,

International Board

William Shawcross, Chairman

Aryeh Neier, Vice-Chairman Geoffrey Bindman, Honorary Treasurer

Ellen Dahrendorf Ben Hooberman Gitobu Imanyara Emily Lau

Lance Lindblom Helena Luczywo

Emilio Mignone

Soli Sorabjee

Article 19 of the Universal Declaration of Human Rights: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information

and ideas through any media and regardless of frontiers.

ARTICLE 19 Research and Information Centre

on Censorship (A company limited by guarantee) Company Number: 2097222

Registered Charity Number 327421

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