TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 107

CONFIDENTIAL

C

6.

The detailed comments below on the eight points of substance related to the Bill are made with the objectives in paragraph 5 in mind. As far as the Chinese angle is concerned, as discussed in my submission of 17 May on the overall relationship with China over Hong Kong, our strategy is to emphasise our continued readiness to listen to their concerns, while making it clear that we cannot accept delay on enactment. Our strongest card is the fact that the Basic Law itself provides that the ICCPR shall continue to apply to Hong Kong and the Bill itself reflects the provisions of the ICCPR. Provided we ensure that we do not present the Chinese with pretexts for attacking the Bill, we believe it may be very difficult, if not impossible for them to sustain their opposition indefinitely.

Mr Galsworthy has pointed out that it would be wise to let the

Chinese know in advance if Hong Kong decide to make substantial

amendments to the consultation document draft Bill (UKRep JLG

telno 114).

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National Security

7. One of the permissible grounds for limiting rights and freedoms

under the ICCPR is national security. Clause 2(1) of the draft Bill of Rights defines this as "including the security of Hong Kong".

OMELCO have commented that national security considerations should

play no part in the governance of Hong Kong after 1997. They would

prefer the references to national security to be omitted or

replaced by "the security of Hong Kong".

8. In our view however, neither suggestion would be consistent with

the ICCPR: national security may well be the concern both of the

sovereign and subordinate governments. I recommend that Hong Kong

retain their definition.

Public Emergencies

9.

Clause 5 of the Bill provides that "In time of public emergency

which threatens the life of the nation... measures may be taken

derogating from the Bill of Rights [which are not] inconsistent with

the obligations of the Government under international law". This

TOMAVB (4)

CONFIDENTIAL