CONFIDENTIAL
125032
MDHIAN 7928
6. THE BERMUDA MODEL IS BASED ON A BILL OF RIGHTS CONTAINED IN A
CONSTITUTIONAL DOCUMENT AND FOR THAT REASON IT MAY WELL BE APPROPRIATE IN BERMUDA TO INSIST ON SPECIAL FORMS OF ACTION FOR BOR
CASES. OUR BOR HOWEVER HAS NO CONSTITUTIONAL STATUS AND WE ARE ANXIOUS TO IMPRESS UPON THE CHINESE ITS STATUS AS DOMESTIC LEGISLATION. THE BERMUDA MODEL ALSO CREATES NEW REMEDIES AND THE PROVISO IS A QUALIFICATION ON THOSE NEW REMEDIES. WE HAVE CHOSEN DELIBERATELY NOT TO CREATE NEW REMEDIES BUT TO RELY INSTEAD ON
EXISTING REMEDIES AND THE EXISTING CIVIL AND CRIMINAL JUSTICE SYSTEMS. FINALLY WE DO NOT WISH TO PREVENT ACCESS TO THE HIGH COURT TO A PLAINTIFF ON A BOR MATTER SIMPLY BECAUSE HE HAS NOT FIRST GONE TO A LOWER COURT (AS WOULD BE THE CASE UNDER THE BERMUDA MODEL).
THIS COULD LEAD TO CASES BEING DISMISSED SOLELY ON TECHNICAL GROUNDS, IN THAT THE WRONG FORM OF PRECEDING HAD BEEN INSTITUTED.
PARA 4.(G): ARTICLE 17 AND CLAUSE 13
7. WE THINK IT IS NECESSARY TO DELETE ARTICLE 17(2) ALSO AS THE RESERVATION APPLIES TO ARTICLE 17 AS A WHOLE.
PARA 4(1): CITIZENS
8. WE HAVE CLARIFIED THE TEXT OF THE PARAGRAPH IN QUESTION, WHICH IS NOW CONTAINED IN MY 2ND IFT.
PARA 4.(K): LETTERS PATENT
9. WE NOTE YOUR AGREEMENT TO POSTPONE SUBMISSION OF AMENDMENTS RELATING TO THE BOR UNTIL THE AUTUMN. YOUR ARE NOW AWARE OF OUR TIME-TABLE FOR SUBMISSION OF AMENDMENTS CONCERNING CONSTITUTIONAL DEVELOPMENT. (OUR TELNO. 2065 REFERS.)
PARA 4.(L): ADDITIONAL PROVISION
10. WE HAVE REPLACED QUOTE ARE ENJOYED UNQUOTE WITH QUOTE SHALL BE ENJOYED UNQUOTE IN ARTICLE 1(1). WE HAVE ALSO REPLACED QUOTE HAVE UNQUOTE WITH QUOTE SHALL HAVE UNQUOTE IN ARTICLE 1(2).
PARA 4.(M): CHINA DIMENSION
11. WE HAVE REVISED THE PARAGRAPH TO TONE DOWN THE QUOTE OPTIMISM UNQUOTE. PLEASE SEE 3RD IFT.
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