TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 213

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

C. Law and Order

CONTIULNITAL

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ethnic/nationality status, powers of officials in arrest and detention, machinery for handling appeal again deportation decisions, etc. There may be possible breaches of articles 13 and 26.

Emergency Regulations

No provision to prevent derogation from basic rights in respect of which no derogation is permissible. This is in breach of article 4(2). Certain regulations may be considered to infringe human rights.

Provisions to prevent derogation may be specifically provided in the Regulations without' problem. The other effending provisions will need to be considered further.

Official Secrets Act

Certain sections of the 1911 UK Act infringe the right to freedom of expression, including freedom to seek, receive and impart information and ideas of all kinds (article 19).

The UK's 1989Act goes much of the way towards addressing the requirements of the Covenant. May be possible to extend this Act to Hong Kong. Need more time to reflect on the implications of this in relation to the need to localize legislation before 1997.

CONFIDENTIAL

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