TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 254

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reproduced in domestic legislation; that the reservations

should be incorporated into the articles to which they apply; and that the reservations tend to nullify or dilute the corresponding rights to which they apply, apart from being confusing. We have considered such representations

but have concluded that Part III of the Bill as it stands

must be retained in order to reflect accurately the application of the ICCPR to Hong Kong. However, we accept that the description "Reservations" is not appropriate and

propose to

to use "Exceptions" instead. In addition, Clause 11 is amended to avoid the reference to the Government reserving a right, this being inappropriate in domestic legislation.

Changes to the Chinese Title of

the BOR and Heading to Clause 3

47.

During JLG XV in April 1990, the Chinese side informally indicated to us that they had misgivings about the present Chinese title of "Bill of Rights" ("RENQUAN

XUANYAN") in the draft Ordinance, which sounded to them like "declaration of independence". It also reinforced their view that the BOR would enjoy a status superior to

other laws. "RENQUAN XUANYAN" is the standard Chinese

translation for both the French Declaration of the Rights

of Man and of the Citizen and for the UN Declaration on

Human Rights. Both of these associations would raise

suspicions in the minds of the Chinese leadership. We believe that a more appropriate Chinese title would help

reduce Chinese apprehensions about the BOR.

48.

(a)

Alternative translations of "Bill of Rights" are:

"RENQUAN FA"

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