TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 30

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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HKD 24!

1 1 APR 1990

Ms Major

Hong Kong Dept

DESKQ5£4.

INDEX.

From:

Reference

Jill Barrett

Assistant Legal Adviser

K166

270 3387

30 March 1990

Date:

CC Mr Fifoot

MY

REGIST Action To

Included in

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fm9/4.

1.

Paul Fifoot and I had lunch yesterday with Denis Chang QC, former Chairman of the Hong Kong Bar Association, and Johannes Chan, Lecturer in Law, Hong Kong University. Two points of interest emerged from the conversation.

2.

If

The Chinese language text of the Bill of Rights Bill apparently diverges from the official UN Chinese text of the ICCPR in a number of places. It was suggested that in the case. of some of the discrepancies, HKG had improved on the UN translation (which is not entirely satisfactory) but that in other cases, HKG had made slight alterations to the meaning. this is so, it is liable to add to our difficulties with the Chinese who will probably only read the Chinese text, and thereby undermine our efforts to ensure consistency between the English text of the Bill of Rights and that of the ICCPR. I suggest we ought, as a matter of urgency, to arrange for someone to carry out a detailed comparison of the two texts and highlight the differences for us to examine. We should also ask HKG whether they have checked for consistency and to explain the reason for any discrepancies.

3.

I

Denis Chang mentioned that there had been some secret moves by the Chinese in Hong Kong to set up a body to examine all legislation (existing as well as new) to report on its compatibility with the Basic Law. He gave the impression that prominent people in Hong Kong were already being approached. seem to recall seeing in recent telegrams a Chinese denial that any such body would be created until nearer 1997. It may be that Denis Chang's information is ill-founded or out of date, but it might be worth making some further enquiries.

JM Banett

Jill Barrett

CAWAAI

CODE 18-77

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