TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 67

CONFIDENTIAL

Bouf

of fortune Munster

18

HONG KONG BILL OF RIGHTS

Bill of Rights

HKD241

RECEIVED IN REGISTRY

2 0 FEB 1990

OFSK OFFICER

INDEX

FA

REGISTRY Action Taken

- Joint Declaration provides for two UN Conventions on Human Rights to remain in force in Hong Kong after 1997

No conflict with Chinese over this. Reflected in current draft of

Basic Law.

-

Purpose of Bill of Rights is to give the force of law locally to one of the Covenants (on Civil and Political Rights) which had previously been implemented in Hong Kong through different provisions of statutory and common law.

This

At issue is whether Bill will have entrenchment provision. would clearly make it harder for future SAR legislature to amend/repeal. But could be seen as conflicting with Basic Law

Adverse Chinese provisions concerning workings of legislature.

reaction would undermine confidence-building purpose of Bill.

—

Problem is entrenchment of Bill. Entrenchment of rights themselves already provided for in Joint Declaration. working on exact form Bill will take.

HKG still

NESADW

CONFIDENTIAL