TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 82

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG

TO DESKBY 051500Z FCO

TELNO 72

HKD 241

1224111

RECEIVED N/REGISTRY

20 FEB 1990

DESK OFFICER

INDEX

OF 051415Z JANUARY 99

PA

REGISTRY

Action Taken

INFO PRIORITY PEKING UKREP JLG HONG KONG

(9)

170746

MDHIAN 1446

TOP COPY DIST ?

PERSONAL FOR PAUL, HKD FROM GOVERNOR

YOUR TELNO

M

HONG KONG BILL OF RIGHTS

1 WE HAVE BEEN REFLECTING HERE ON THE TIMING OF PUBLISHING THE BILL, IN LIGHT OF THE ARGUMENTS IN UKREP JLG 3 WITH WHICH I SYMPATHISE ABOUT GIVING ADEQUATE WARNING TO THE CHINESE, SO AS TO REDUCE IF POSSIBLE THE RISK OF DAMAGING PUBLIC REACTION.

2. THERE HAS BEEN A GOOD DEAL OF PRESS SPECULATION OVER THE PAST 2 DAYS THAT THE BILL WILL BE PUBLISHED ON 12 JANUARY, AND UNHELPFUL COMMENTS THAT ITS PROVISIONS MAY BE INADEQUATE IN TERMS OF ENTRENCHMENT AND SUPREMACY. DEFERRING PUBLICATION FOR 2/3 DAYS IN ORDER TO COINCIDE WITH THE SECRETARY OF STATE'S VISIT COULD MAKE ANY ENSUING CONTROVERSY OVER THE BILL A SIGNIFICANT THEME OF THE VISIT. THERE WOULD BE SOME RISK THAT THE BILL OF RIGHTS WOULD FEATURE TOO PROMINENTLY AS A SUBJECT FOR THE SECRETARY OF STATE'S PRESS CONFERENCE.

3. AGAINST THIS IS THE OTHER RISK THAT THE SECRETARY OF STATE WILL BE QUERIED ABOUT WHY THE DRAFT BILL HAD NOT BEEN PRODUCED BY THE END OF THE YEAR, COUPLED WITH DARK ALLEGATIONS THAT WE ARE NEGOTIATING DOWN ITS CONTENTS WITH THE CHINESE.

4. ON BALANCE THEREFORE, AND WITH SOME RELUCTANCE, IT NOW SEEMS BETTER TO HOLD PUBLICATION OVER UNTIL AFTER THE SECRETARY OF STATE'S VISIT. THIS WILL ALSO GIVE US MORE TIME TO REGAIN THE HIGH MORAL GROUND IN TERMS OF OUR OWN BACKGROUND BRIEFING ON THE OBJECTIVES FOR THE BILL AND OUR OVER-RIDING WISH THAT IT SHOULD BE FULLY EFFECTIVE BEFORE AND AFTER 1997. IN PRACTICE THE BEST WAY TO DELAY PUBLICATION OF THE BILL WOULD BE TO CARRY OVER THE EXCO DISCUSSION FROM 9 TO 16 JANUARY SO THAT A DECISION IS TAKEN TO PROCEED WITH PUBLICATION ONLY AT THE SECOND MEETING. WE WOULD BRIEF THE CHINESE BETWEEN THE TWO MEETINGS. GAZETTAL WOULD TAKE PLACE ON THE FRIDAY FOLLOWING THE SECOND MEETING (IE 19 JANUARY) AS IS NORMAL PRACTICE. THE FACT THAT EXCO HAD CONTINUED DISCUSSION FOR A

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CONFIDENTIAL