TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 46

CONFIDENTIAL

FM FCO

HKD241/1

CONFIDENTIAL

RECEIVED IN REGISTORY 20 FEB 1990 DIST?

TO ROUTINE HONG KONG

TELNO 219

OF 23160OZ JANUARY 90°

ASK OFFICE

INFO ROUTINE UKREP JLG HONG KONG

REGISTRY

1 Action Taken

31

045524

MDLOAN 3015

26

MY TELNO 151: BILL OF RIGHTS

1.

WE HAVE BEEN CONSIDERING FURTHER THE COMMENT IN PARAGRAPH 2 OF TUR. WE NOW DOUBT WHETHER EVEN THE FIRST SENTENCE OF PARA 4 OF YOUR BACKGROUND BRIEFING NOTES IS ACCURATE. SINCE THE QUOTE MANNER AND FORM UNQUOTE REQUIREMENT IN SECTION 5 OF THE COLONIAL LAWS VALIDITY ACT 1865 DOES NOT APPLY TO HONG KONG (SINCE HONG KONG DOES NOT AT PRESENT HAVE A REPRESENTATIVE LEGISLATURE), THE ABILITY OF LEGCO TO ENTRENCH LEGISLATION WOULD BE DETERMINED BY COMMON LAW. THE LEGISLATION NEEDED WOULD DEPEND ON THE TYPE OF ENTRENCHMENT ENVISAGED. IT IS THEREFORE DIFFICULT TO ASSERT WITH CONFIDENCE THAT UK LEGISLATION WOULD NECESSARILY BE REQUIRED.

THIS UNDERLINES OUR SUGGESTION IN TUR THAT IT WOULD BE SAFER TO DELETE PARAGRAPH 4 ALTOGETHER.

2.

HURD

YYYY

DISTRIBUTION

62

ΜΑΙΝ

59

.HONG KONG AGREEMENT

.(RESTRICTED)

LIMITED

HKD

HD/FED

RESEARCH (FE)

PUSD

NEWS D

PS/MR MAUDE

PS/LORD BRABAZON

MR GILLMORE

MR MCLAREN

MR BLATHERWICK

MR MOSS

ADDITIONAL

3

MR WHOMERSLEY LEGAL ADV

MS BARRETT LEGAL ADV

NNNIY

PAGE

MR FIFOOT HKD

1

CONFIDENTIAL