TNAG-1848-FCO40-2623-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 34

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HKB 01173

360

067230

MDLIAN 0690

CONFIDENTIAL

FM HONG KONG

TO ROUTINE FCO

TELNO 1539

OF 13040OZ MAY 89

INFO ROUTINE PEKING, UKREP JLG HONG KONG

(341)

YOUR TELNO 949 FAC ENQUIRY: HUMAN RIGHTS

TOP COPY Q DIST ?

THERE SEEMS TO BE THREE OPTIONS TO IMPLEMENT THE TWO INTER- NATIONAL COVENANTS DURING THE TRANSITION AND BEYOND 1997 :

2.

(A) TO ENACT A BILL OF RIGHTS WHICH SETS OUT IN FULL THE

FREEDOMS AND RIGHTS TO BE PROTECTED:

(B)

(C)

TO ENACT A BILL OF RIGHTS SIMPLY TO GIVE LEGAL EFFECT TO

THE TWO COVENANTS:

NOT TO ENACT A BILL OF RIGHTS BUT TO CONTINUE TO RELY ON COMMON LAW, LEGISLATION, AND ADMINISTRATIVE RULES. THIS CAN ENDURE BEYOND 1997 BY WAY OF TREAT SUCCESSION IN

RESPECT OF THE TWO COVENANTS AND ON THE BASIS OF ARTICLE 39 OF THE DRAFT BASIC LAW.

WE HAVE NOT YET COME TO A DEFINITIVE VIEW. OUR LINE AT THIS STAGE, AS REFLECTED IN THE CS'S REPLY TO A QUESTION IN LEGCO ON 3 MAY 1989, IS THAT QUOTE THE ADMINISTRATION IS EXAMING AS A MATTER OF PRIORITY THE ALTERNATIVES FOR ENACTING A HUMAN RIGHTS ORDINANCE, IN THE LIGHT OF PUBLIC COMMENTS AND THE CONTENT OF THE DRAFT BASIC LAW IN THIS RESPECT. THIS EXERCISE IS DETAILED AND COMPLEX AND MANY APPROACHES ARE POSSIBLE. WE ARE WORKING HARD ON THIS PROBLEM AND EXPECT TO BE IN A POSTION TO DECIDE BY EARLY NEXT YEAR, WHETHER TO ENACT A HUMAN RIGHTS ORDINANCE, AND IF SO, WHAT FORM THE LEGISLATION SHOULD TAKE UNQUOTE.

WILSON

YYYY

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