TNAG-2155-FCO40-3075-United-Nations-convention-against-Torture-and-Other-Cruel--I-1990 — Page 15

Ms Major

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Mr Anderson's another HKC241/5

solves the problemi

Reference

как

regards this convention 2010. 1990 Mr. Barrett 19/6

It is likely that most

fm 1910

8

other comes will provide for Art 27(2) of the Convention provides for a delay a delay between deposit of 30 days between the deposit of + entry into force, but we

an instrument

will have to check this and entry into force for the state concerned. By on each occasion. JB analogy, HK would have 30 days between

Legal Advisers

Mr Rankin is away. notification of extension and entry into force. on that basis, the two day delay would problems in terms of the give rise to no Convention.

SHAnderson

19.6.

UN CONVENTION ON TORTURE: EXTENSION TO HONG KONG

A

1. Hong Kong telno 173 (copy attached) prompted me

to look into the background.

/

attached

Tel

B

C

2. I also attach a copy of the Hong Kong (Legislative Powers) Order 1989 which gives Hong Kong the authority to make laws having extra-territorial operation in order to give effect to an international agreement which applies to Hong Kong. It is this which gives rise to the "Catch 22" outlined in Hong Kong telno 4505 (copy also

attached).

3. As you can see, we have to synchronise extension of the Convention to Hong Kong and enactment of the legislation in Hong Kong. Hong Kong propose to do this by delaying the Governor's assent by two days. Hong Kong should, in early autumn, be able to give us a firm date for enactment so that we can set up the prodecures for notifying the UN of extension. should be grateful to know if this procedure is still acceptable to you so that I can reply to Hong

Kong.

I

Ки

2416

CODE 18-77

TOMAWB/1

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