TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 151

CONFIDENTIAL

CONFIDENTIAL

FM FCO

CHKD241/1

TO IMMEDIATE HONG KONG

¿ J 1990

OF 2208OOZ MAY 90

TELNO 1009

INFO PRIORITY UKREP JLG HONG KONG, PEKING

!

(119

142050

MDHOAN 9177

MY 2ND IPT: RESERVATIONS: SUGGESTED AMENDMENTS

1.

-

PART 1 CLAUSE 2(2): DELETE.

ADD NEW ARTICLE 5(6) QUOTE NOTWITHSTANDING THIS ARTICLE OR ARTICLES 6(2) OR (3), 8, 10, 11, 13, 18, 19 OR 22, MEMBERS OF AND PERSONS SERVING WITH THE ARMED FORCES AND PERSONS LAWFULLY DETAINED IN PENAL ESTABLISHMENTS OF WHATEVER CHARACTER ARE

SUBJECT TO SUCH RESTRICTIONS AS MAY FROM TIME TO TIME BE

AUTHORISED BY LAW FOR THE PRESERVATION OF SERVICE OR CUSTODIAL

DISCIPLINE. UNQUOTE. THIS GOES BEYOND THE RESERVATION IN IDENTIFYING THE ARTICLES CONCERNED, WHICH AVOIDS THE ARGUMENT THAT THE RESERVATION APPLIES ONLY TO ARTICLE 5. BUT WE ARE NOT WEDDED TO THE EXTENT OF THE EXCEPTIONS (SEE ALSO PARA 5 OF MIPT).

WE CONSIDER IT UNNECESSARY TO SPECIFY WHICH ARMED FORCES: THEY

CAN ONLY BE THOSE OF THE SOVEREIGN POWER.

3.

ADD NEW ARTICLE 6(4) QUOTE NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS ARTICLE, WHERE AT ANY TIME THERE IS A LACK OF SUITABLE PRISON FACILITIES OR WHERE THE MIXING OF ADULTS AND JUVENILES IS MUTUALLY BENEFICIAL, PARAGRAPHS (2) (B) AND (3) DO NOT REQUIRE JUVENILES WHO ARE DETAINED TO BE ACCOMMODATED SEPARATELY FROM ADULTS. UNQUOTE (SEE ALSO PARA 5 OF MIPT).

4.

ADD NEW ARTICLE 8(5) QUOTE NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS ARTICLE [OR ARTICLE 9] PERSONS NOT AT THE TIME

HAVING THE RIGHT UNDER THE LAW OF HONG KONG TO ENTER OR REMAIN IN HONG KONG ARE SUBJECT TO THE PROVISIONS OF ANY IMMIGRATION LAW GOVERNING ENTRY INTO, STAY IN OR DEPORTATION FROM HONG KONG. UNQUOTE.

ARTICLE 9: REPLACE QUOTE AND TO HAVE HIS CASE REVIEWED BY, AND BE REPRESENTED FOR THE PURPOSE BEFORE UNQUOTE BY QUOTE TO UNQUOTE.

5.

6.

ARTICLE 17(1): DELETE. BY REPEATING THIS PROVISION IN

1

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CONFIDENTIAL