CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 51
OF 05170OZ JANUARY 90
CONFIDENTIAL
171217
MDHOAN 0647
HKD24!!
RECEIVED IN REGISTRY
20 FEB 1990
REGISTRY
DESK OFFICE:
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INFO IMMEDIATE UKREP JLG HONG KONG, PEKING
a
MY TELNO 21, UKREP JLG TELNO 3 AND YOUR TELNO 72: BILL OF RIGHTS
1.
HEADLINED
THE FINANCIAL TIMES OF 4 JANUARY CARRIED AN ARTICLE QUOTE UK READY TO DILUTE HONG KONG RIGHTS BILL UNQUOTE.
IT CLAIMS THAT QUOTE BRITAIN AND HONG KONG ARE NOW EXPECTED TO DROP PLANS TO MAKE THE BILL OF RIGHTS SUPERIOR TO OTHER LAWS AFTER CHINESE OBJECTIONS UNQUOTE AND THAT THIS ISSUE COULD CAUSE QUOTE YET ANOTHER WAVE OF DISAPPOINTMENT AND RECRIMINATION IN THE COLONY UNQUOTE JUST BEFORE THE SECRETARY OF STATE'S VISIT. ONE OF THE AUTHORS OF THE ARTICLE IS JOHN ELLIOTT IN HONG KONG: ITS CONTENTS REFLECT DETAILED BRIEFING (EG REFERENCE TO THE LIKELY PUBLICATION DATE OF 12 JANUARY). COPY OF ARTICLE HAS GONE BY FAX TO BRADLEY DPA AND BOSHER GDB.
2.
NEWS DEPARTMENT WERE UNDER CONSIDERABLE PRESSURE ON 4 JANUARY FROM BRITISH PRESS WHO ARE CLEARLY LOOKING FOR ANOTHER CONFRONTATION BETWEEN US AND CHINA. WE HAVE BEEN TAKING THE FOLLOWING LINE:
THE JOINT DECLARATION AND THE BASIC LAW PROVIDE FOR THE ICCPR TO REMAIN IN FORCE AFTER 1997.
THE PURPOSE OF THE BILL OF RIGHTS IS TO GIVE EFFECT IN LOCAL LAW TO THE RELEVANT PROVISIONS OF THE ICCPR. INDIVIDUALS WOULD THEN BE ABLE TO SEEK REDRESS IN LOCAL COURTS.
THE EXACT FORM OF THE BILL OF RIGHTS IS STILL UNDER
CONSIDERATION. IT WOULD THEREFORE BE INAPPROPRIATE TO COMMENT
FURTHER.
CLEARLY, HOWEVER, WE SHALL NEED A DETAILED DEFENSIVE BRIEF ON PUBLICATION OF THE CONSULTATION DOCUMENT. GRATEFUL IF YOU WOULD SET THIS IN HAND AND GIVE US A SIGHT OF THE DRAFT.
3. THE FINANCIAL TIMES REPORT VINDICATES THE VIEW IN THE LAST SENTENCE OF MY TUR. WE HAVE ALSO NOW SEEN 2ND TWO TURS. AT OFFICIAL LEVEL, WE ARE STRONGLY PERSUADED BY THE ARGUMENT FOR POSTPONEMENT OF PUBLICATION TO 19 JANUARY. HOWEVER, WE ARE SEEKING MINISTER'S VIEWS AND WILL TELEGRAPH A FULLER RESPONSE
SHORTLY.
HURD
1
PAGE CONFIDENTIAL
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