TNAG-1732-FCO40-2445-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 21

46

RESTRICTED.

136064

MDLIAN 5271

RESTRICTED

FM HONG KONG

TO ROUTINE FCO

TELNO 2297

OF 15044OZ JUNE 88

нев ail/8 HRB

FOR HKD

PETITION TO THE GOVERNOR

1. WE WISH TO DRAW TO YOUR ATTENTION A MATTER RAISED BY A CERTAIN MR ANTHONY CHUA WHO HAS WRITTEN TWICE TO THE GOVERNOR SUBMITTING HIS VIEWS ON A NUMBER OF SUBJECTS. THE MATTER CONCERNS THE INTRODUCTION OF DIRECT ELECTIONS TO THE LEGISLATIVE COUNCIL. IN HIS SECOND LETTER MR CHUA SAID THAT HE HAD ''WRITTEN TO STRASBOURG SEEKING AN INTERNATIONAL REMEDY FROM THE EUROPEAN COURT OF HUMAN RIGHTS AGAINST THE CROWN COLONIAL GOVERNMENT OF HONG KONG''. HE DID NOT MAKE IT CLEAR WHAT ''INTERNATIONAL REMEDY'T HE WAS SEEKING, BUT IT MAY BE INFERRED THAT HE WAS REFERRING TO THE GOVERNMENT'S DECISION NOT TO INTRODUCE DIRECT ELECTIONS IN

1988.

2. THE LEGAL ADVICE WE HAVE IS THAT, THE EUROPENA COURT OF HUMAN RIGHTS IN STRASBOURG HAS JURISDICTION ONLY UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS TO WHICH UK IS A PARTY. BUT THE RIGHTS AND PRIVILEGES UNDER THAT CONVENTION HAVE NOT BEEN EXTENDED TO HONG KONG. THEREFORE THE EUROPEAN COURT OF HUMAN RIGHTS HAS NO JURISDICTION IN RELATION TO COMPLAINTS AGAINST THE HONG KONG GOVERNMENT. NOR DO CITIZENS OF HONG KONG HAVE ANY RIGHT OF REDRESS CONCERNING SUCH COMPLAINTS.

3. UNDER THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, WHICH DOES EXTEND TO HONG KONG, ARTICLE 25 PROTECTS THE RIGHT TO VOTE BY UNIVERSAL AND EQUAL SUFFRAGE AT ELECTIONS, BUT A RESERVATION HAS BEEN ENTERED SO THAT THIS PARTICULAR ASPECT OF ARTICLE 25 DOES NOT APPLY TO HONG KONG. IN ANY EVENT, THERE IS NO RIGHT OF INDIVIDUAL REDRESS UNDER THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.

4. WE HAVE REPLIED TO MR CHUA ALONG THESE LINES BUT HAVE TAKEN THE PRECAUTION OF NOTIFYING YOU IN CASE YOU MIGHT HEAR ANYTHING ABOUT

THIS FROM STRASBOURG.

WILSON

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