TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 66

CONFIDENTIAL

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026615

MDHIAN 4436

TOP COPY Q DIST ?

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1848

OF 12111OZ JUNE 90

HKD 241

10241/1

RECEIV

13 JUN 1990

EGISTRY

ction Taken

INFO IMMEDIATE UKREP LG HONG KONG, PEKING

HONG

MY 3RD IPT: HONG KONG BILL OF RIGHTS

YRTELNO 101

1. PREAMBLE:

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WE THINK THAT PARAGRAPH (1) OF THE PREAMBLE IS ALL RIGHT. IT IS SILENT AS TO WHETHER THE COVENANT APPLIES WITH OR WITHOUT RESERVATIONS, AND WE SEE NO NEED TO ADD ANYTHING ON THIS POINT. THE TEXT YOU SUGGEST CONFUSES THE APPLICATION OF THE COVENANT TO HONG KONG (WHICH THE BILL CANNOT DO) WITH THE IMPLEMENTATION OF THE COVENANT IN HONG KONG. THIS DISTINCTION IS CAREFULLY PRESERVED IN

ARTICLE 39 OF THE BASIC LAW.

2. PART I CLAUSE 2(1):

YOU RAISE A DRAFTING POINT ON SUB CLAUSE (1). THE SUGGESTED AMENDMENT IS UNNECESSARY SINCE THE BILL OF RIGHTS IS PART OF THE ORDINANCE. AS FOR SUB CLAUSES (4) AND (5), WE CONSIDER THAT THEY ARE IN ESSENCE INTERPRETATION PROVISIONS, SINCE THEY STATE HOW THE ORDINANCE IS NOT TO BE INTERPRETED.

3. ARTICLE 2(3):

WE WOULD PREFER NOT TO DEPART FROM THE COVENANT UNLESS THE CHINESE WERE TO OBJECT TO THIS PARAGRAPH. AS FOR PARAGRAPH (6), WE WOULD PREFER TO KEEP IT BECAUSE, IN ITS ABSENCE, PROVISIONS IN THE ARTICLE COULD CONCEIVABLY BE INVOKED TO DELAY OR PREVENT THE

ABOLITION OF CAPITAL PUNISHMENT IN HONG KONG.

4. ARTICLE 4(3):

IMPRISONMENT WITH HARD LABOUR IS A SENTENCE WHICH MAY NOT BE IMPOSED BY COURTS IN HONG KONG. SENTENCES OF DETENTION FOR YOUNG OFFENDERS ARE TECHNICALLY NOT SENTENCES OF IMPRISONMENT BECAUSE THERE IS NO FIXED TERM AND THE EMPHASIS IS ON TRAINING AND REHABILITATION RATHER THAN PUNITIVE INCARCERATION QUOTE HARD LABOUR

UNQUOTE IS NOT A PENAL FEATURE OF THESE ORDERS.

5. ARTICLE 8(3):

WE PREFER, SAVE WHERE CLEARLY NECESSARY, TO ADHERE TO THE WORDING

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