TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 5

RESTRICTED

FM HONG KONG

TO IMMEDIATE FCO

TELNO 2011

OF 280945Z JUNE 90

RESTRICTED

| HKD241/1...

29.... 1990

Kor. fo 2/7.

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

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101732 MDHIAN 6837

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28/6.

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HKD PLEASE PASS COPY TO LEEKS, PS/GH VISITING

1925

OUR TELNO 1925′: LEGCO DEBATE ON THE BILL OR RIGHTS : 27 JUNE 1990

SUMMARY

1. MAJORITY OF THE 30 MEMBERS WHO SPOKE SUPPORTED THE MOTION REPORTED IN TUR. TAM YIU-CHUNG, HO SAI-CHU AND NELLIE FONG OPPOSED, WHILE MICHAEL CHENG AND ELSIE TU ABSTAINED. THREE OTHER MEMBERS EXPRESSED RESERVATIONS ON THE ISSUE OF NT POLICIES.

DETAIL

2. THE MAJORITY OF MEMBERS WHO SPOKE EXPRESSED GENERAL SUPPORT FOR THE BOR, HAILING IT AS A PUBLIC CONFIDENCE BOOSTER AND A VITAL STEP TOWARDS GREATER PROTECTION OF HUMAN RIGHTS IN HONG KONG. THEIR SPEECHES CENTRED AROUND THE FOLLOWING MAIN AREAS:

FREEZE PERIOD

3. MEMBERS WERE IN FAVOUR OF THE PROPOSAL OF THE LEGCO AD HOC GROUP, I.E. A ONE-YEAR SELECTIVE FREEZE TO ALLOW LEGISLATION AFFECTED TO BE AMENDED, SUBJECT TO ANOTHER ONE-YEAR EXTENSION OF JUSTIFIED.

RIGHTS OF NT INDIGENOUS MALES

4. LAU WONG-FAT, CHEUNG YAN-LUNG AND TAI CHIN-WAH, ALL REPRESENTING RURAL INTERESTS, EXPRESSED STRONG RESERVATIONS ABOUT THE IMPACT OF THE BOR ON THE RIGHTS OF NT INDIGENOUS MALES. LAU WARNED THAT THESE RIGHTS WHICH WERE RECOGNISED BY THE NT ORDINANCE, THE JD AND THE BL, WOULD BE THREATENED BY ART 1 AND 23 OF THE BOR. HE SUGGESTED THE BOR SHOULD MAKE IT CLEAR THAT THE NT ORDINANCE WOULD NEED NO AMENDMENT, SO AS TO AVOID CONTRAVENING THE JD AND BL.

5. CHEUNG, REFERRING TO ART 40 OF THE BL, SAID THAT THE LAWFUL CUSTOMARY RIGHTS OF NT INDIGENOUS RESIDENTS WOULD BE PROTECTED BY THE SAR. HE ECHOED LAU'S CALL FOR THESE CUSTOMARY RIGHTS TO BE EXEMPTED FROM THE BOR PROVISIONS.