TNAG-0356-FCO40-392-Extension-of-European-Convention-on-Human-Rights-to-Hong-Kon-1973 — Page 16

CONFIDENTIAL

1

CR 2/1156/50.

GOVERNMENT HOUSE

HONG KONG,

116

(75)

Dear Hilton

9th November, 1965.

Awest ley 12A

(66-(spic)

Please refer to your letter IRD 149/167/01 of the 3rd June and my interim reply CR 2/1156/50 of the 18th August on the subject of the possible accession of Hong Kong to the European Human Rights Convention.

My legal advisers have now completed an examination of the extent to which Hong Kong law and practice may conflict with the Convention. The one major stumbling block, as you have appreciated, exists in the Emergency (Deportation and Detention) Regulations, 1962 made under the Emergency Regulations Ordinance (Cap. 241). Apart from these Regulations the only local legislation which might perhaps conflict with the Convention is the Protected Places (Safety) Ordinance (Cap. 260). I am advised that this can be construed in such a way as to appear to give "authorised guards" the rights to kill merely in defence of property and so to conflict with Article 2. This legislation is, however, due to be replaced by new legislation which will overcome the difficulty.

In our Savingram No. 71

of the 12th January, 1952 Grantham maintained that the

Sir Hilton Poynton, G.C.M.G., Colonial Office,

London, S.W. 1.

ECTIAL