TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 303

CONFIDENTIAL

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115322

MDHOAN 1840

! HKD241

STRY

CONFIDENTIAL

FM FCO

-> JUL 1990

TOP COPY Q DIST?

TO DESKBY 04010OZ HONG KONG

GISTRY

Teken

TELNO 1246

OF 03190OZ JULY 90

pa hu atz

INFO IMMEDIATE UKREP JLG HONG KONG, PEKING

188

194

193

YOUR TELNOS 2024 AND 2050 AND MY TELNO 1238: BILL OF RIGHTS:

SUBMISSION TO LEGCO

1. THE TEXT OF THE BILL WAS AVAILABLE TO US ONLY AT 1600 LOCAL TIME. OUR COMMENTS ON ITEMS 4(A), (D) AND (F) BELOW ARE OUR IMMEDIATE REACTIONS. WE WILL STUDY THE TEXT FURTHER AND HOPE TO

SEND YOUR COMMENTS VERY SHORTLY.

2.

OUR COMMENTS IN THIS TELEGRAM ARE MADE ON THE VERSION OF THE EXCO MEMORANDUM OF 29 JUNE AND NOT, UNLESS EXPRESSLY MENTIONED, ON OUTSTANDING ISSUES IN OUR EXCHANGE OF TELEGRAMS (FCO TELNOS 1007, 1008, 1009, 1010 AND 1043 AND HONG KONG TELNOS 1846, 1847, 1848, 2007 AND 2031).

3.

IN VIEW OF YOUR CLEAR PREFERENCE FOR ADHERING CLOSELY TO THE

WORDING OF THE ICCPR WE WILL NOT PURSUE A NUMBER OF POINTS MADE

EARLIER THOUGH WE REMAIN UNEASY AT THE UNCERTAINTY WHICH WILL

RESULT AND WHICH MIGHT BE AVOIDED BY A GREATER PRECISION IN

LANGUAGE. THERE ARE CLEAR DIFFERENCES IN THE LANGUAGE ADOPTED IN MULTILATERAL AGREEMENTS AND DOMESTIC LEGISLATION, AND A DOMESTIC LAW INTENDED TO QUOTE TAKE THE NECESSARY STEPS TO ADOPT

SUCH LEGISLATION OR OTHER MEASURES AS MAY BE NECESSARY TO GIVE EFFECT TO THE RIGHTS RECOGNISED UNQUOTE IN THE ICCPR COULD ONLY BENEFIT FROM THE GREATER PRECISION IN LANGUAGE WHICH IS MORE CHARACTERISTIC OF DOMESTIC LEGISLATION.

4. OUR COMMENTS ON THE SPECIFIC PROPOSALS IN THE MEMORANDUM ARE

AS FOLLOWS:-

(A) FREEZE PERIOD: THE DOUBLE FREEZE PERIOD CREATES A FURTHER

COMPLICATION. AS DRAFTED IT WOULD APPEAR TO GIVE RISE TO A POSITION, AT LEAST DURING THE FIRST YEAR, WHERE THE COURTS COULD HOLD THAT THERE WERE TWO INCONSISTENT LAWS ON THE STATUTE BOOK

AND NO RULE TO DECIDE WHICH IS TO PREVAIL. FURTHER THERE IS THE QUESTION: IF CLAUSES 3(1) AND (2) ARE INCONSISTENT WITH CLAUSE 14(1) (WHICH WOULD SEEM TO BE IMPLIED BY CLAUSE 1(2)), WHY ARE

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