TNAG-1414-FCO40-1894-Future-of-Hong-Kong-fundamental-rights-and-freedoms-1985 — Page 3

Page

CONFIDENTIAL

OCMIAN 1144

CONFIDENTIAL

RR HOKON

FM FCOLN TO HOKON

0312152 DEC

GRS 390

CONFIDENTIAL

FM FCO

TO ROUTINE HONG KONG

TELNO 1907

OF 0312152 DECEMBER 85

INFO ROUTINE PEKING

1TKK OLD/45.

RECEIVED IN KERIST MY

- 6 DEC 1985

REX

ра

е

¡Y

Ken

1144

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YOUR TELNO 1992: FUNDAMENTAL RIGHTS AND FREEDOMS

1.

WE AGREE THAT IT WOULD BE BEST IF THE BASIC LAW GAVE THE FORCE OF LAW (NEXT WORD UNDERLINED) IN HONG KONG TO THE TWO COVENANTS INSOFAR AS THEY ARE AT PRESENT APPLIED (NEXT WORD UNDERLINED) TO HONG KONG. AS WE UNDERSTAND IT, HONG KONG'S DOMESTIC LAW AT PRESENT DOES NOT SPECIFICALLY GUARANTEE ALL THE RIGHTS AND FREEDOMS PROVIDED FOR BY THE COVENANTS AS APPLIED TO HONG KONG. GIVING THE COVENANTS THE FORCE OF LAW IN HONG KONG

WOULD FILL THESE LACUNAE.

2.

HOWEVER, FOR SIMILAR REASONS TO THOSE SET OUT IN OUR TELNO 1853, WE DO NOT THINK THAT IT WOULD BE REALISTIC TO HOPE TO ACHIEVE THIS END BY THE MEANS PROPOSED IN PARAGRAPH 4 OF BURROWS' MINUTE OF 16 JULY. WE CANNOT SEE THE CHINESE AGREEING TO APPLY THE AGREEMENT WITH THE UK, IN EXPLICIT TERMS, AS PART OF CHINESE DOMESTIC LAW. WHAT WE THINK IS NEEDED IN THIS CASE IS A SENTENCE IN THE BASIC LAW ON THE LINES OF: THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND THE INTERNATIONAL COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS AS (AT PRESENT) APPLIED TO HONG KONG SHALL REMAIN IN FORCE IN THE HONG KONG SAR'. THE LAST FIVE WORDS, WHICH MAY REQUIRE SLEIGHT OF HAND TO SELL THEM TO THE CHINESE, WOULD TRANSFORM THE

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CONFIDENTIAL

COVENANTS