TNAG-2169-FCO40-3106-House-of-Commons-Foreign-Affairs-Committee-inquiry-into-Hong-1990 — Page 6

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Ms Sapnakes 26/7

Ms Mofer

We did, I tomin, deal with the first point. Ne did not

the second bout since te mande did say "I think"

Since we cannot now check any amendment with him in trove (see deadline in Sying Bailey's 18inly Minute) I to wink we are justified in not pursuing. What do you say?

Have new

taken into

*

porials alzady heer account?

Roy 24/7

L'ee minute a

Ms Marsden, HKD

FAC: MR MAUDE'S EVIDENCE

1.

From: Paul Fifoot

Legal Advisers

Date: 26 July 1990

сс Ms Major, HKD

my copy. hu, 212 соду. ви

вида

он

HRD our

нко

RECEIVED IN REGISTRY

07 AUG 1990

I have now had an opportunity to read Mr Maude's evidence before the FAC on 11 July. At question54 on page. 10 there is the following exchange: -

из

[Mr Canavan] ".... but Article 22 of the Bill of Rights is a bit devious and, in fact, the official explanatory memorandum states that Article 22 of the Bill of Rights does not require the establishment of an elected Executive or Legislative Council. How would you reply to that criticism?"

(Mr Maude) "I do not know the exact answer but I

suspect and this is subject to confirmation - that

-

that simply reflects the wording of the International Covenant."

(Mr McLaren) "That is right, yes."

Mr Maude completed this exchange by saying that it was his understanding, though he was not sure whether this precisely reflected it, though this could be checked, "that Article 22 of the Bill of Rights simply reflects Article 25 of the International Covenant".

2.

Mr Maude's and Mr McLaren's answers do not, in fact, reflect the true position. Article 21 of the Bill of Rights

(it was Article 22 in the White Bill text) does indeed reflect Article 25 of the ICCPR, but Mr Canavan's question was directed to clause 13 of the Bill (the explanatory memorandum does no more than draw attention to clause 13) which says that Article 21 does not require the establishment of an elected Executive or Legislative Council in Hong Kong. There is nothing about that in the ICCPR. That exception comes from HMG's reservation upon ratification of the ICCPR to the effect that they "reserve the right not to apply [the relevant provision of Article 25 of the ICCPR] insofar as it may require the establishment of an elected Executive or Legislative Council in Hong Kong". Putting it shortly, the exception to which Mr Canavan referred is not in the ICCPR but is one of the reservations made by HMG to its application.

3PFAAP

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