TNAG-1691-FCO40-2341-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 124

8.

With regard to the reference to the JD and para 4 of the Opinion, points that should be noted are:-

9.

a) the JD only protects rights and freedoms as

provided by the laws previously in force

b)

even if there are possibililties of avoiding the consequences of a past reference point, there could be no acceptance of an external check which could survive 1997 since the PRC is not a party, and it is hardly conceivable that it would be a party, to the ICCPR or the optional protocol.

Finally

―

a) I should note that there is confusion in

places between the UK and Hong Kong as Governments and legislator. (See eg line 11 of para 3 and line 3 of para 8);

b)

To what does the advice of the FCO refer? We have advised the Hong Kong Government, but not Mr Lee.

Affor

Paul Fifoot

Legal Advisers