CONFIDENTIAL
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Third Party Rights
4.
It is not a feature of every Bill of Rights that rights of action are created which affect the legal rights and responsibilities of citizens vis-a-vis other citizens. The draft Bill of Rights does create third party rights and establishes new causes of action. SMA is concerned that a new right to a private life might erode established legal principles such as those which underpin the banker's duty of confidence. We would be interested to know if the FCO
think that we are being over generous in providing comprehensive cover' against human rights abuses.
Reservations
5.
We have reproduced the reservations made by the UK as part of our domestic law not because JD 156 obliges us to but because we do not want to give the Chinese any cause to grumble. This may be good politics but it seems bad legal policy to me because the reservations stick out like a sore thumb. There is bound to be comment on this part of the Bill and I fear that S, CA will say that the reservations are included because they have to be. Are there any compelling legal arguments to say that we are bound to reproduce the reservations 'as applied to Hong Kong as a matter of international law ?
Reporting to the Human Rights Committee
6.
The UK is now (over) due to report to the Human Rights Committee under Article 40 of the ICCPR in respect of Hong Kong and other dependent territories. The Hong Kong report was submitted to the FCO by S.CA last October. When are we likely to be examined by the HRC ? We need ample notice if there are to be any amendments in the light of
the enactment of a Bill of Rights.
CONFIDENTIAL
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