TNAG-0918-FCO40-1129-Human-rights-in-Hong-Kong-1977 — Page 31

CODE

18-78

SS 10/76

13

Mr David David

HONG KONG:

Reference

EUROPEAN CONVENTION ON HUMAN RIGHTS

1.

Thank you for your minute of 4 May. This is a most useful piece of research.

2. I am not sure that the derogations to be made in the event of the Convention being extended to Hong Kong would need to be as extensive as paragraph 3 of your minute suggests but that would be for the Legal Advise to confirm. I suspect that the undertaking to hold free and secret elections at reasonable intervals would be the major stumbling block (assuming that undertaking would apply to Hong Kong itself).

3. This said, I agree that we should not take it upon ourselves to open up the question of the Convention being extended to Hong Kong. It has been in force since 1954 and, at least in recent year, the fact that it does not extend to Hong Kong has not been a matter of controversy Let us not run the risk of starting one by raising the question now. Please keep your minute and attachments handy in case there are queries from other departments in future about the position of Hong Kong.

6 May 1977

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D F Miton

Hong Kong & General Department

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