CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 2096
OF 061143Z JULY 90
CONFIDENTIAL
HKD24/1
ALUL
RY
12 JUL 1990
56K C
RY
INFO IMMEDIATE PEKING, UKREP JLG KONG KONG
202
208
125032
MDHIAN 7928
TOP COPY Q DIST?
YOUR TELNOS. 1246 AND 1260: BILL OF RIGHTS: SUBMISSION TO EXCO
1. WE HAVE THE FOLLOWING COMMENTS ON THE POINTS RAISED IN YOUR FIRST TUR EXCEPT SOME WHICH ARE ALSO COVERED IN YOUR SECOND TUR. WE SHALL COMMENT SEPARATELY ON THE LATTER AS WELL AS THE POINTS RAISED IN FIFOOT'S MINUTE WHICH WE RECEIVED TODAY.
PARA. 4(A): FREEZE PERIOD
2. WE HAVE REVISED CLAUSES 3 AND 14 IN THE LIGHT OF YOUR COMMENTS. THE REVISED CLAUSES ARE IN MIFT.
PARA. 4(B): NATIONAL SECURITY AND LIFE OF THE NATION
3. OUR VIEW IS THAT RETAINING THE DEFINITION IN CLAUSE 2(1) MAY GIVE RISE TO RESTRICTIONS ON RIGHTS AND FREEDOMS ENJOYED IN HONG KONG IN CIRCUMSTANCES NOT CONTEMPLATED BY THE ICCPR IF IT IS HELD THAT THE SECURITY OF HONG KONG IS SOMEHOW SEPARATE AND DIFFERENT FROM THE SECURITY OF THE UNITED KINGDOM.
PARA. 4(C): INTERPRETATION
4. WE ARE AWARE OF CHINESE SENSITIVITY AND HAVE NOW DECIDED TO PUT THE OPTIONS TO EXCO, POINTING OUT, INTER ALIA, POSSIBLE CHINESE REACTION IF THE CLAUSE IS RETAINED.
PARA. 4 (D): PUBLIC EMERGENCIES
5. WE ARE RELYING ON JD 156 AND 178. AS YOU KNOW, WE HAVE PUT TO THE CHINESE A GENERAL PLAN FOR INHERITANCE OF IRO'S APPLIED TO HONG KONG. WE DO NOT BELIEVE THAT THE SUBSTANCE OF THE BILL WOULD BE CHANGED BY YOUR SUGGESTED INDIRECT REFERENCE TO THE RELEVANT ARTICLES OF THE ICCPR. IT WOULD, HOWEVER, DEFEAT OUR PURPOSE OF HAVING A SELF-CONTAINED BILL.
PARA. 4(E): REMEDIES
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