TNAG-0918-FCO40-1129-Human-rights-in-Hong-Kong-1977 — Page 66

Sangfraid that whe

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checking their existing (emergency and normal) legislation: but there seems to be a more important aspect than that, which is that it is hardly just to put one's name to a Convention (and get the credit) and then (more quietly) to send in a list of derogations which virtually nullify the whole thing." Malaya (19, 29, 50 on 1951 file) were apparently willing to regard their present situation as an "emergency" within Article 15 but, although reluctantly, they seem to have been willing to notify the Secretary-General of their derogations (para. 4 of 19/-/51). No decision has yet been reached about Malaya but they have their doubts about having the Convention extended to them and it is for consideration whether it is better. for these territories in their present peculiar circumstances not to have the Convention extended to them to have it extended and then to make major derogations from it. I have a preference for the

since the seems to

be little less than mockery. Their "signing" and then derogating will be at least as odious to their critics as not "signing" at present and possibly more creditable to their friends. The point at

"X" in para. 2 of (1) is also very real.

(ii) Is it politic to give the present situation in Hong Kong (which is, as I understand it, its involvement in the China situation) as a reason for not acceding to a Human Rights Comvention? This opens obvious possibilities to the propaganda of its communist neighbours and is quite in line with the cold war theme that it is the "imperialist powers who deprive their subjects of human rights. We shall not, of course, under the terms of the Convention have to say which territories do not want it extended to them or why not. This mitigates the seriousness of this point but questions may clearly, be asked and the reason (or some reason) will have to be groen. to take the risk on this but it is a question which needs consideration.

(Action is also required on the 1951 file).

13th February, 1952.

tw. Hall

We should be glad to have you

on () and on the Bear's minute above.

Comment

It is obviously, desirable that as many as "jomble

territories should have this Convention

Heferably all "extended to them. It is a much more sensilure and Workable document than the UN Covenant ever looks like being, and apart from anything else, it will look

supposing that HMG does not accepte to the

the UK and as securs user forsible colonies are well represented ove this Consul of Europe

Evenbrätt 1

adipred

in 1966 well if (14 yarlar) UN covenant,