TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 256

CONFIDENTIAL

reproduced

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機密

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

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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 a "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

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.

Alternative translations of "Bill of Rights" are:

(a)

"RENQUAN FA"

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