TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 80

HKD 241

CONFIDENTIAL

10

Mr Paul Mr Whitehend, News

RECEIVED IN gestion and Answer Brief MS Barrett Ads.

16 MAR 1990

Q.1

“Sense

A.1

ISTRY

+à takefi

on Bill of Rights

Legal

Any comments would have to be sent tonight. Publication

irgency. Anything to do with events in Beijing? dak

Calls for a Bill of Right's predated June 1989. Former AG Started informal discussion in 1987. Raised during public discussion on the first draft of the Basic Law and again during the hearing of the UN Human Rights Committee in November 1988. Progress reflects development of feeling in community that further measures should be taken to protect human rights before and after 1997.

Q.2

Why delay in publication, after initial rush?

A.2

Bill of Rights a complex issue, requiring detailed consideration. Natural EXCO wished

0.3

is

3

pr BQR

Pu

full and 1573

for more

time to give Bill attention it deserved. Still intend to introduce the Bill within this legislative session.

Chinese sensitivity. Have the Chinese objected to the preparation of a Bill of Rights?

A.3

No. Although there were reports

reports that the Basic Law had expressed some views.

some drafters of

0.4

A.4

Q.5

A.*

Would the Chinese object to

object to the enactment of a Bill of Rights for Hong Kong? Confident that the Bill will survive after 1997?

JD 156 (and Article 39 of draft BL) provide for the continued application of the two International Covenants in Hong Kong. The

Bill of Rights will give effect in local law to the relevant provisions of the ICCPR, as applied to HK. This is one way of discharging our obligation to implement the ICCPR and is entirely consistent with the JD and draft BL. So no reason for Chinese to object to Bill in present form.

Were the Chinese consulted in the preparation of the Bill of Rights?

The drafting and enactment of the Bill

Bill of Rights is a matter for the HKG. JD 156 provides for the continued application of the two International Covenants to HK and the Bill will be consistent with the JD in this regard. Many people will, no doubt, make comments on the White Bill. Copies of the Bill have been made available to the Chinese. If the Chinese wish to make known their views to us through appropriate channels we would be happy to receive them.

-་

CONFIDENTIAL