TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 27

0.4

CONFIDENTIAL

Why are existing UK reservations retained in the White

Bill?

A.4

Q.5

A.5

Q.6

A.6

Essential that the Bill of Rights is consistent with the BL.

If it is not, the Bill will cease to have force on

or after 1 July 1997. Passing a Bill of Rights now which

would cease to

to have force upon the establishment of the SAR would have little point. The only safe way to ensure that the Bill of Rights is consistent with the BL is to

make its Substance fully consistent with the ICCPR as

applied to HK. Such 2 Bill will remain in force by virtue of Article 39. We feel in this context that this

means including the reservations. Failure to do this could jeopardise the future of the Bill.

Exclusion of article 1 of the ICCPR. HK people deprived of the right for self-determination?

Self-determination is not something upon which it would

appropriate to require the Hong Kong courts to

be

adjudicate.

allowed to

Reservation in respect of

of article 25(b) of the ICCPR.

What does that mean? HK people may not be not be

take part in elections?

The

Important to understand the concept of reservation. UK Government only reserve the right

right not to establish elected Executive and Legislative Counils in Hong Kong. But this does not preclude the Hong Kong Government from developing representative government.

Equal and universal franchise for elections to the DBS and MCs was

introduced in 1982 and direct elections to legislature will be introduced in 1991.

the

CONFIDENTIAL