TNAG-1414-FCO40-1894-Future-of-Hong-Kong-fundamental-rights-and-freedoms-1985 — Page 7

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

ZCZC

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO

OF 261715Z SEPTEMBER 85

INFO IMMEDIATE PEKING

[JA3ALJ]

IMMEDIATE

YOUR TELNO 1992: FUNDAMENTAL RIGHTS AND FREEDOMS

1.

2.

We agree with your proposals in TUR.

We can

can see grave disadvantages in a Bill of Rights in

Hong Kong, both for the reasons set out in Fred Burrows'

memorandum and because of the likely Chinese reaction. The best

force solution would therefore be if the Basic Law gave the tac of Law to the provisions of the Joint Declaration on rights and freedoms (both the international covenants and the rights and freedoms as rovided for by the laws previously in force in Hong Kong). 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.

3.

If there are calls for a Bill of Rights in Hong Kong we ma Hinn agree that it is best to play the long. We agree that outright

ι

H-A opposition to such a Bill would be difficult for the Government.

The best line might be to refer

be to refer to the Basic Law, and say that

under paragraph 3(12) of the Joint Declaration tha

of the Joint Declaration that will

incorporate the provisions on rights and freedoms set out in

HK D

JN POWELL

Section

233 3918

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