TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 50

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HKD241

RESTRICTED

FM PEKING

19 JUN 1990

TO IMMEDIATE F C O

COPY JIST?

IN.

AULIU

TELNO 893

OF 180607Z JUNE 90

(044417 MDHIAN 5183

INFO IMMEDIATE HONG KONG.

INFO ROUTINE UKREP JLG HONG KONG

(162

YOUR TELNO 1140 TO HONG KONG : HONG KONG BILL OF RIGHTS: TITLE.

1. WE HAVE NOW TAKEN OUR LOCAL TRANSLATOR OVER THE GROUND, WITHOUT EXPLAINING THE DETAILED BACKGROUND.

2. PART OF THE DIFFICULTY MAY STEM FROM DIFFERENCES BETWEEN COMMON USAGE IN HONG KONG AND CHINA. FOR EXAMPLE, LAWS ARE OFTEN REFERRED TO IN CHINA AS ''FA AN'' BECAUSE THE TERM GAINED CURRENCY WHILE THE LAWS IN QUESTION WERE IN DRAFT AND UNDER DISCUSSION. HOWEVER, AS THE FOLLOWING EXAMPLES ILLUSTRATE, ''FA'' ALONE WOULD BE THE CORRECT TERM TO DESCRIBE THE BILL OF RIGHTS:

MARTIAL LAW = ''JIE YAN FA'', MARRIAGE LAW - ''HUN YIN FA'', BASIC LAW = ''JI BEN FA'', CIVIL LAW (WHICH INCLUDES THE RIGHTS AND DUTIES OF CHINESE CITIZENS) = ''MIN FA''

WE THEREFORE CONCLUDE, ON REFLECTION, THAT THE TRANSLATIONS GIVEN IN THE FINAL SENTENCE OF TUR ARE APPROPRIATE, PROVIDED THEY ACCORD WITH NORMAL CHINESE USAGE IN HONG KONG.

COATES

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MS BARRETT, LEGAL ADVISERS

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