TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 90

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9. Two aspects of the present legislature which would be worth

exploring further in the future would be the extent of cooperation between Legislature and Executive (though, to have meaning in terms of the Basic Law arrangements, this would need to await the disappearance of official members in ? 1995) and the relationship of

the Legislature and ExCo. Both, however, are of limited effect and

neither affects public order issues.

(iii) Human rights

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10. The other issues on which there is Hong Kong interest in taking early action is human rights. There would seem to be no Chinese

objections to enacting a Bill of Rights giving effect to the UN Covenants and there would be public advantage in doing so. However, the limitations of such a step need to be recognised. The extent of entrenchment would be a problem (provision for procedural safeguards on amendments eg a requirement for a two thirds majority and express exceptions could be made, but, even so, it would be a step

below a "constitutional" provision); the extent to which the "Bill

of Rights" would be binding on, and effective against, the Central

Authorities and their personnel would be a difficult issue which

could not be resolved unilaterally, (we have not been able to get

the Chinese to understand this issue as it applies to the law

generally); and the problems of translating the Covenants into

speaking law would be increased by its specific human rights

provisions in Articles 25 to 37 of the Basic Law. It must also be

recognised that the safeguards which the Covenants provide are subject (as is common in international human rights codes) to the

right to derogate "in time of public emergency which threatens the

life of the nation"); although there are prohibitions on the extent

of permissible derogation, which excludes the articles on the right

to life and torture, the extent to which that would constitute any practical safeguard for the population once the PLA or the Central

Authority security agencies were committed to an active role in Hong Kong is another matter. Notwithstanding these reservations and

difficulties, a "Bill of Rights" would be a step in the right direction and (subject to examining the proto Chief Executive

suggestion) it is probably the only substantive step that can be

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