TNAG-0918-FCO40-1129-Human-rights-in-Hong-Kong-1977 — Page 25

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WRR 241/7

Lea fortior 12 13

Mr Simpson-Orlebar (UND)

Cc:

Mr Preston (MCD) Mr Duff (WIAD) Mr Ure (SAD) Mr Bullock (PDTD) Mr Simons (SEAD) Mr Ewans (EAD)

Reference.........

WIR 241/7

16

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14. Druis

16.

Mr Stewart Mr Winchester Mrs Denza

(HI &GD) (SED)

Jus

(Legal Advisers) (Legal Advisers)

Mr Bickford

Mr Mathers Mr Anderson

(Legal Advisers) (Legal Advisers)

า

DEPENDENT TERRITORIES AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS

1. You reminded me, in your minute of 23 May, of the policy agreed with all the Departments concerned last year (and endorsed by Mr Luard):

that we should encourage our dependent and associated overseas territories to accept the European Convention and the right of individual petition to Strasbourg, and that we should advance this publicly as a desirable alternative to our accepting the UN Optional Protocol.

2. I think this is still the right policy for the time being, though I fear it would be unrealistic to expect much change as a result of our efforts. The present position is as follows.

Extension of the Convention

3.

The Convention has already been extended to twenty-one of the twenty-six overseas territories for whose international relations we are responsible. The exceptions are:

Hong Kong

Pitcairn

British Antarctic Territory

British Indian Ocean Territory

New Hebrides

a) Hong Kong presented problems in 1953 when the Convention was first extended to our forty-five territories dependent at the time. The problems remain. IKGD have been re-examining them only last month. The number of derogations which it would be necessary to make would be considerable and, derogations apart, the scope for adverse criticism and embarrassing litigation is vast.

b) Pitcairn (Population 61 in 1974) has had universal adult suffrage and a code of law since 1838. There would probably be no problem about compliance if the Convention were to be extended to them. The Governor of Pitcairn is the British High Commissioner in New Zealand. I do not know whether the question of adherence to the European Convention and the right of petition to Strasbourg has ever been raised with him.

c)

British Antarctic Territory has no permanent population. It was created (for use as a scientific base) in 1962; it did not exist when the extensions were made in 1953.

d)

British India Ocean Territory has a floating population of contract labourers, mostly from the now independent Seychelles. It did not exist in 1953.

CODE 18-77

35 10/76

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