TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 153

CONFIDENTIAL

Mr Paul Hud

X: Grateful for advice

x:

on tur port.

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 828

OF 06100OZ MARCH 90

INFO PRIORITY PEKING, UKREP JLG HONG KONG

Byzwo

7/3

031060

MDHIAN 9793

YRTELNOS 473 AND 491: BILL OF RIGHTS

1. AT THIS MORNINGS EXCO MEETING, MEMBERS AGREED:

A) TO AMEND ARTICLE 22 OF THE BILL, SO THAT IT FOLLOWS EXACTLY THE WORDING OF ICCPR ARTICLE 25 AND PROVIDES 'EVERY CITIZEN' WITH THE RIGHT TO PARTICIPATE IN PUBLIC LIFE,

B) TO SEEK AMENDMENT OF THE LETTERS PATENT, BY ADDING A NEW ARTICLE SIMILAR TO ARTICLE 39 OF THE DRAFT BASIC LAW,

C) TO REMOVE THE REQUIREMENT FOR THE ATTORNEY GENERAL'S CERTIFICATE, BY DELETING CLAUSE 4 OF THE BILL, AND

M why?

X

D) TO RETAIN THE RULE OF CONSTRUCTION CONTAINED IN THE BILL, IN PREFERENCE TO THAT PROPOSED IN YRTELNOS 171 AND 205, WHICH IT WAS FELT COULD BE CONSTRUED AS FETTERING THE POWERS OF THE FUTURE LEGISLATURE.

2. IT WAS AGREED THAT THE BILL SHOULD BE ISSUED AS A PUBLIC CONSULTATION DOCUMENT. A COPY WILL BE HANDED TO THE CHINESE BY UKREP JLG ON 8 MARCH. THE TWO MONTH PUBLIC CONSULTATION PERIOD WILL BEGIN ON 16 MARCH. IT REMAINS OUR INTENTION THAT THE BILL SHOULD BE INTRODUCED INTO THE LEGISLATIVE COUNCIL DURING THE CURRENT SESSION, BUT IT IS LIKELY TO BE ENACTED AFTER THE RECESS.

WILSON

YYYY

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