TNAG-1414-FCO40-1894-Future-of-Hong-Kong-fundamental-rights-and-freedoms-1985 — Page 4

CONFIDENTIAL

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COVENANTS FROM INTERNATIONAL COVENANTS APPLICABLE TO HONG KONG TO

LAW APPLICABLE IN HONG KONG.

3.

WE CAN SEE GRAVE DISADVANTAGES IN A BILL OF RIGHTS IN HONG KONG, BOTH FOR THE REASONS SET OUT IN BURROWS' MEMORANDUM AND BECAUSE OF THE LIKELY CHINESE REACTION. THE BEST SOLUTION WOULD BE THAT IDENTIFIED ABOVE. IF THIS IS NOT POSSIBLE WE MUST ENSURE THAT ANY CATALOGUE OF RIGHTS IN THE BASIC LAW IS NOT MORE

RESTRICTIVE THAN THE JOINT DECLARATION.

4.

IF THERE ARE CALLS FOR A BILL OF RIGHTS IN HONG KONG WE

OUTRIGHT AGREE THAT IT IS BEST TO PLAY THE MATTER LONG. OPPOSITION TO SUCH A BILL WOULD CLEARLY BE DIFFICULT FOR THE HONG KONG GOVERNMENT. THE BEST LINE MIGHT BE TO REFER TO THE BASIC LAW, AND SAY THAT UNDER PARAGRAPH 3(12) OF THE JOINT DECLARATION IT WILL INCORPORATE THE PROVISIONS ON RIGHTS AND FREEDOMS SET OUT IN SECTION XIII OF ANNEX I (WHICH WOULD NEED TO BE EXPLAINED IN DETAIL). IS THERE REALLY A NEED FOR ANYTHING MORE?

HOWE

HONG KONG AGREEMENT

LIMITED HD/HKD HD/FED

HD/PLANNING STAFF KD/PUSD

DEP HD/PUSD

RES (MR WALKER)

P6

PS/MR RENTON

PS/PUS

BIR W HARDING

MR WILSON

SIR J FREELAND

MR J CROWLEY PUSD PS/LADY YOUNG

COPIES TO: (VIA ADR)

MR ROBERTS NEWS DEPT MR FIFOOT LEGAL ADVS MR PEIRCE. ASST STAFF

CABINET OFFICE

MR MALLABY CABINET OFFICE MR DRC CHRISTOPHER

CABINET OFFICE

SIR P CRADDOCK NO 10 DOWNING ST. MR WOOD LEGAL ADVISERS

CONFIDENTIAL

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