TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 106

BACKGROUND

CONFIDENTIAL

3.

Sir Geoffrey Howe announced in July 1989 the intention to introduce a Bill of Rights in Hong Kong. But the detailed drafting of the Bill has been largely a matter for the Hong Kong Government. In his address to LegCo in October 1989, the Governor set out the

general approach, namely to give effect in a Bill of Rights to the International Covenant on Civil and Political Rights (ICCPR). He

said that the intention was to introduce legislation to LegCo by the

summer. That remains the intention.

4.

The draft Bill was published on 16 March for a two month

consultation period, which has been extended to 6 June (although in

practice the Hong Kong Government would not ignore comments received

after that date, provided this did not affect their deadline for submission to LegCo).

Our objectives

5. As noted above, responsibility for drafting the Bill of Rights

rests primarily with the Hong Kong Government. But HMG have a close

interest in the outcome. I suggest our objectives are as follows:

(a) in order to maximise the benefits and effect on confidence

in Hong Kong, to achieve a Bill which is effective not only before

1997 but, more importantly, after the transfer of sovereignty;

(b) to this end, to secure if possible Chinese acquiescence in

the Bill; and in any event to eliminate from it elements which would

give them (or a successor regime) grounds to repeal it;

(c) to minimise repercussions among the human rights lobby in domestic UK politics.

(a) more generally, to ensure that the Bill is correctly drafted in legal terms and is as polished and elegant as we can make

it.

TOMAVB (3)

CONFIDENTIAL