TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 155

CONFIDENTIAL

117

142033 MDHOAN 9175

HKD241/1

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1007

OF 22080OZ MAY 90

RECS

23 MAY 1990

INFO PRIORITY UKREP JLG HONG KONG, PEKING

fa Rm2315 ра

MY TELNO 2561 OF 28 DECEMBER 1989: HONG KONG BILL OF RIGHTS

1.

AS WE MADE CLEAR AT THE TIME, OUR COMMENTS ON THE BILL CONTAINED IN TUR WERE PRELIMINARY ONLY. SINCE THEN, WE HAVE COMMENTED IN MORE DETAIL ON THE ENTRENCHMENT ISSUE (MY TELNOS 473 AND 491) AND AMENDMENT TO THE LETTERS PATENT (MY TELNOS 790 AND 893).

2. WE AND LEGAL ADVISERS HAVE NOW HAD THE OPPORTUNITY TO LOOK AT THE BILL IN MORE DETAIL. WE HAVE A NUMBER OF COMMENTS. WE DEAL BELOW WITH THE LEGAL ISSUES AND MINOR POINTS OF SUBSTANCE. MY 3 IFTS GIVE OUR LEGAL ADVISERS' DETAILED SUGGESTIONS FOR AMENDMENTS. WE SHOULD BE GRATEFUL FOR YOUR VIEWS ON THESE POINTS. IF YOU HAVE DIFFICULTY WITH ANY OF OUR PROPOSALS, WE WOULD BE HAPPY TO EXPLAIN FURTHER.

3. WE SHALL TELEGRAPH SEPARATELY LATER THIS WEEK, IN RESPONSE TO YOUR TELNO 1583, WHICH RAISES SOME IMPORTANT ISSUES OF POLICY AND SUBSTANCE.

THE NATURE OF THE BILL OF RIGHTS

4.

AS YOU KNOW, THE BILL OF RIGHTS SHOULD BE DIRECTLY APPLICABLE AS LAW. THIS REQUIRES MODIFICATION OF THE TEXT OF THE ICCPR (THE COVENANT). ALTHOUGH THE DRAFT TAKES THIS INTO ACCOUNT, WE CONSIDER FURTHER MODIFICATIONS DESIRABLE TO MAKE THE COVENANT TEXT SUITABLE AS DIRECTLY APPLICABLE LAW. THESE ARE CONTAINED IN MIFT.

RESERVATIONS

5. WE CONSIDER IT IMPORTANT THAT THE BILL OF RIGHTS SHOULD BE AS MUCH LIKE OTHER LEGISLATION AS POSSIBLE, IN ORDER TO AVOID

CHINESE CRITICISM THAT THE ENACTMENT OF THE BILL OF RIGHTS

INVOLVES A DEPARTURE FROM QUOTE THE JUDICIAL SYSTEM PREVIOUSLY

PRACTISED UNQUOTE AND FOR REASONS OF GOOD PRACTICE IN DOMESTIC

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CONFIDENTIAL