TNAG-0413-FCO40-459-Extension-of-European-Convention-on-Human-Rights-to-Hong-Kon-1973 — Page 30

CONFIDENTIAL

DRAFT

BACKGROUND NOTES FOR DISCUSSION BETWEEN MR ROYLE AND MR GRIEVE

ON QUESTION OF EXTENSION OF HUMAN RIGHTS CONVENTION TO HONG KONG

Reasons why it was considered that Convention should not be

extended to Hong Kong at the present time.

1.

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 the existing circumstances in Hong Kong and that

there was no alternative to their retention for so long as the

Chinese Feople's Government refused to accept deportees.

Following a recent request to the Hong Kong Government to review

the current position, the Colonial Secretary replied that the

Deportation and Detention Regulations were still in force in

Hong Kong, and that the Hong Kong Government needed to retain

these regulations although they have not been used in recent

years. One of the main reasons for retaining the Regulations

is that the Chinese People's Government refused to accept

criminal deportees in the 1967 disturbances and, although there

has been no attempt to deport any person since then, it is

uncertain what the attitude of the Chinese authorities would

be today.

2.

Consideration was given to the possibility of extending

the Convention to Hong Kong while keeping the Regulations by

CONFIDENTIAL

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