TNAG-0413-FCO40-459-Extension-of-European-Convention-on-Human-Rights-to-Hong-Kon-1973 — Page 38

CYPHER/CAT A

VƯƠNG XỨNG 1811932

CONFIDENTIAL

CONFIDENTIAL

1973

19/11/1 18/7

TO ROUTINE FCO TELMO 49 OF 12 JANUARY INFO HONG KONG GOVERNMENT

OFFICE LONDON (FCO PLEASE PASS).

FOR STUART FROM NORMAN-WALKER.

YOUR LETTER OF 19 DECEMBER AND YOUR TELEGRAM 1139. ŒŒ Last File

EUROPEAN CONVENTION ON HUMAN RIGHTS,

VITA

THE ATTORNEY GENERAL HAS CONFIRMED THAT AS SAID IN 1965

ALTHOUGH THE PROVISIONS OF ARTICLE 6 ARE FULLY SATISFIED IN ORDINARY

CIRCUMSTANCES IN HONG KONG, THEY ARE BREACHED BY OUR EMERGENCY (DEPORTATION AND DETENTION) REGULATIONS. THESE ARE STILL IN FORCE, ALTHOUGH WE HAVE NOT HAD OCCASION TO USE THEM DURING THE PAST FOUR

YEARS OR SO.

2. WE WOULD NOT WISH TO REVOKE THEN AS THERE MAY COME A TIME WHEN

IT IS NECESSARY TO USE THEM AGAIN FOR INSTANCE, TO DETAIN MARCOTICS OFFENDERS OR SPIES WHOM IT IS IMPOSSIBLE TO DEPORT.

3. ONE MEANS OF KEEPING THEM IN FORCE EVEN IF THE CONVENTION WERE

APPLIED TO HONG KONG MIGHT BE BY USE OF ARTICLE 15, WHICH ALLOWS

A PARTY TO DEROGATE FROM ITS OBLIGATIONS UNDER THE CONVENTION

QUOTE IN TIME OF WAR OR OTHER PUBLIC EMERGENCY THREATENING THE LIFE

OF THE NATION UNQUOTE. BUT WE DOUBT WHETHER THIS WOULD BE CONSIDERED

APPROPRIATE OF DESIRABLE.

4. THERE 18 NO EVIDENCE THAT THE ATTITUDE OF THE CHINESE AUTHORITIES

TOWARDS CRIMINAL DEPORTEES HAS CHANGED SINCE THE DISTURBANCES IN 1967, BUT WE HAVE NOT TRIED TO DEPORT ANY SINCE THEN AND

CANNOT THUS BE CERTAIN WHAT 17 WOULD NOW BE.

;

5. IN GENERAL, HOWEVER, WE DO NOT ANYWAY CONSIDER THAT IT WOULD REALLY BE APPROPRIATE TO EXTEND A CONVENTION WHICH IS INTENDED PRIMARILY TO DEAL WITH HUMAN RIGHTS IN DUROPE TO COVER THE PREDOMINATELY CHINESE COMMUNITY OF HONG KONG. FURTHERMORE, THERE WOULD NOT SEEM TO BE MUCH POINT IN APPLYING ARTICLE 6, OR ANY OF THE OTHER SUBSTANTIVE ARTICLES, UNLESS THE TWO OPTIONAL ARTICLES

CONFIDENTIAL

/(25 AUD L6)