TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 40

T HOUSE HK

律政司署

香港金鐘道66號

金鐘道政府合署高座4樓

#JA = 81710 HKAGC HX

MARMM + 852-5-8652720

'90

7-9 13:22

PAGE 02.

217,

CONFIDENTIAL

本署機號 Our Ref:

AGC ADV 638/00C XII

MM Your Ref.:

Tel. No.: 867 2157

MS. JILL Barrett,

Aoolstaul Legal Adviser,

Foreign and Commonwealth office, London SW1A 2AH.

Dear My Barrett,

HKD241

ATTORNEY GENERAL'S CHAMBERS

4/F., HIGH BLOCK

QUEENSWAY GOVERNMENT OFFICES 66 QUEENSWAY, HONG KONG Telex: 81710 HKAGC HX

Fax: 852-5-8690720

BY FAX

9 July 1990

TY

сс

Telout

fa PM 1377

Ms Major

Banult.

1/3

12 JUL 1990 R

STAY

A

Bu 11/17

Bill of Rights....

Amendments to Letters Patent

We

Thank you for your letter of 19 June. have considered its contents and come up with a new draft which is as follows:-

"The provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong shall be implemented through the ✓laws of Hong Kong. No law of Hong Kong shall

be made that restricts the rights and freedoms enjoyed in Hong Kong in a manner which is inconsistent with that Covenant as applied to Hong Kong.

We would like to see this provision added to the Letters Patent as a new paragraph (3) to Article VII, but clearly this is a matter for you.

We think that this draft clearly reflects both the positive and negative elements of Article 39 of the Basic Law (see para. 2 of your letter). As with Article 39, it contains no historical reference point. This is important because of the Chinese angle. Provided that the amendment caters adequately for the freeze period, we do not think the absence of a reference point will create any difficulties.

CONDIDENTIAL