TNAG-0413-FCO40-459-Extension-of-European-Convention-on-Human-Rights-to-Hong-Kon-1973 — Page 25

Sir Eric Norris

Parliamentary

fice

CONFIDENTIAL

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PARLIAMENTARY QUESTION FROM MR PERCY GRIEVE QC

Mr Beard

1. Mr Grieve has asked a question about the extension of the

European Convention on Human Rights to Hong Kong. He has two

underlying reasons. First he is interested in the Convention

itself; and second he has been contacted by a Mr Beard,

formerly a constituent of Mr Kershaw and now of Mr Loughlin,

who has a complaint against the Hong Kong Government.

has failed to get satisfaction through British channels

(including a petition to the Prime Minister), but still hopes

to be able to petition the European Commission of Human Rights.

2. The Convention has been extended by the UK to a number of

dependent territories but not to Hong Kong. The reason for

this omission was that in 1965 when the matter was first

considered, the Governor of Hong Kong was advised that the

Colony's Deportation and Detention Regulations were in breach

of Article 6 of the Convention. The Governor considered that

these regulations were necessary in existing circumstances in

Hong Kong, and that there was no alternative to their retention,

for so long as the Chinese People's Government refused to accept

deportees.

3. We have recently consulted the Hong Kong Government again

on this question, following correspondence between Mr Grieve

and Mr Royle about Mr Beard's complaints. The Colonial Secretary

Othe

CONFIDENTIAL

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