CONFIDENTIAL
160246
TOP CMOHOAN 6863 Q DIST 7
CORRECTED VERSION 19/1/88
HRB 040/2
CONFIDENTIAL
FM FCO
TELNO 152
TO DESKBY 19010OZ HONG KONG
OF 181530Z JANUARY 88
INFO IMMEDIATE PEKING
DEBATE ON HONG KONG: LETTER FROM JUSTICE
19 JAN 1988
1.
MR EGGAR HAS RECEIVED WHAT APPEARS TO BE A CIRCULAR LETTER TO MP'S DATED 13 JANUARY, FROM THE HONG KONG BRANCH OF JUSTICE. THE LETTER RAISES INTER ALIA THE QUESTION OF THE APPLICATION OF INTERNATIONAL CIVIL RIGHTS COVENANTS TO HONG KONG, AND THE QUOTE RACIAL CRITERION UNQUOTE IN CERTAIN HONG KONG ORDINANCES. WE FEEL THESE SHOULD BE COVERED IN THE DEFENSIVE MATERIAL FOR THE PARLIAMENTARY DEBATE ON 20 JANUARY.
2.
THE RELEVANT PARAGRAPHS OF THE LETTER ARE AS FOLLOWS: QUOTE SECOND, JUSTICE BELIEVES THAT, TO ENSURE THE PROTECTION OF HUMAN RIGHTS, IT IS ESSENTIAL TO INCORPORATE THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS INTO HONG KONG'S DOMESTIC LAW.
THIRD, JUSTICE REQUESTS THAT ALL LEGISLATION INCORPORATING RACIAL DISTINCTIONS BE AMENDED. A RACIAL CRITERION (QUOTE ANY PERSON WHO IS WHOLLY OR PARTLY OF A CHINESE RACE UNQUOTE) IS IN THE NEW IMMIGRATION ORDINANCE (1987) AS WELL AS IN HALF A DOZEN OTHER PIECES OF LEGISLATION, SUCH AS THE ELECTORAL PROVISIONS ORDINANCE, THE BIRTHS AND DEATHS REGISTRATION ORDINANCE AND THE LEGAL PRACTITIONERS ORDINANCE UNQUOTE.
3.
IN THE DEFENSIVE MATERIAL ALREADY PREPARED, WE HAVE COVERED THE QUESTION OF THE INCLUSION OF THE INTERNATIONAL COVENANTS IN THE BASIC LAW, BUT NOT THEIR INCORPORATION INTO HONG KONG'S DOMESTIC LEGISLATION. WE PROPOSE TO USE THE FOLLOWING LINE:
QUOTE
THE TWO INTERNATIONAL COVENANTS ALREADY APPLY TO HONG KONG, WITH CERTAIN RESERVATIONS. THE JOINT DECLARATION PROVIDES THAT THE PROVISIONS OF THE TWO COVENANTS AS APPLIED TO HONG KONG SHALL REMAIN IN FORCE.
(IF PRESSED) EVEN IF THE HONG KONG LEGISLATURE WERE TO INCLUDE THE PROVISIONS OF THE COVENANTS IN HONG KONG'S DOMESTIC LAW, SUCH PROVISIONS WOULD NOT (NOT) BE ENTRENCHED AND COULD STILL BE CHANGED BY THE LEGISLATURE AT A LATER DATE.
(IF PRESSED FURTHER) IF THERE WERE A GENERAL FEELING IN HONG KONG
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