TNAG-1858-FCO40-2633-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 83

CONFIDENTIAL

FM HONG KONG

TO DESKBY 27120OZ FCO

TELNO 3208

OF 27112OZ SEPTEMBER 89

INFO DESKBY 28010OZ PEKING

CONFIDENTIAL

56.

TOP COPY Q DIST ?

HKB 011 15

176012 MDHIAN 7375

MY TELNOS 3186 AND 3188: MY ADDRESS TO LEGCO: 11 OCTOBER:

REPRESENTATIVE GOVERNMENT AND BILL OF RIGHTS

IN LOOKING AGAIN AT THE DRAFT OF MY SPEECH I PROPOSE TO MAKE TWO AMENDMENTS TO THE DRAFTS IN TURS:

(A) REPRESENTATIVE GOVERNMENT (MY TELNO 3186)

PARA 40 DELETE ALL IN LAST SENTENCE AFTER (QUOTE) ADVANCE

(UNQUOTE). THE LAST CLAUSE SITS AWKWARDLY AND RISKS SENDING

A CONFUSING SIGNAL TO THE COMMUNITY:

(B) BILL OF RIGHTS (MY TELNO 3188)

REPLACE PARA 45 CON ECOSOC) WITH THE FOLLOWING (WHICH MORE

ACCURATELY REFLECTS THE LEGAL POSITION HERE):

THE PROVISIONS OF THE OTHER INTERNATIONAL COVENANT, ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, ARE DIFFERENT IN NATURE. THEY ARE IN THE FORM OF OBJECTIVES, TO BE ACHIEVED PROGRESS- IVELY AND, GENERALLY SPEAKING, ARE NOT RIGHTS WHICH INDIVIDUALS COULD EASILY ENFORCE IN THE COURTS. FOR THESE REASONS THEY

ARE NOT WELL SUITED FOR INCLUSION IN A BILL OF RIGHTS DESIGNED

TO GIVE PEOPLE THE RIGHT OF DIRECT ACTION IN THE COURTS.

WE ARE OF COURSE FULLY COMMITTED TO THE OBJECTIVES OF THE COVENANT

AND SEEK TO IMPLEMENT THEM THROUGH OUR EXISTING LEGISLATION AND

POLICIES.

WILSON

YYYY