TNAG-0413-FCO40-459-Extension-of-European-Convention-on-Human-Rights-to-Hong-Kon-1973 — Page 26

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CONFIDENTIAL

has replied (Hong Kong telegram No 49) that the Deportation and

Detention Regulations in force in Hong Kong would still breach

Article 6 of the Convention and that the Hong Kong Government

still need to retain these regulations, although they have not

been used in recent years.

4. The only way of extending the Convention but keeping the

Regulations might be to make use of Article 15 of the Convention.

This allows a party to derogate from its obligations under the

Convention "in time of war or other public emergency threatening

the life of the nation". This power of derogation has been used,

for example, in Northern Ireland. But it would be politically

very undesirable in Hong Kong, since its use could raise the

whole question of the future of Hong Kong and its relations

with China at a moment when the maintenance of confidence would

be of the greatest importance.

5.

The department's Legal Adviser therefore agrees with

Sir Hugh Norman Walker that it would not be desirable to extend

the Convention to Hong Kong at the present time.

He does not,

however, favour the explanation suggested in paragraph 7 of

Hong Kong telegram No 49 since the Convention has been extended

by us to Asian countries in the past. He therefore recommends

a more uncompromising answer.

6. An important point is whether, in the absence of the

application of the European Convention, the inhabitants of

Hong Kong are nevertheless protected in their general rights as

set out in the Convention. We can claim that this is broadly

/the

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CONFIDENTIAL