TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 108

CONFIDENTIAL

HKD241

248

157245

MDHIAN 9269

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 2258

OF 18094OZ JULY 90

25 JUL 1990

TRY

Taken

INFO PRIORITY PEKING, UKREP JLG HONG KONG-

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YOUR TELNO 1348: BILL OR RIGHTS: AMENDMENT TO LETTERS PATENT

1. WE ARE CONTENT WITH THE SUGGESTION IN THE LAST SENTENCE OF PARA 3 OF TUR. WE SUGGEST THAT THE PROVISION SHOULD APPEAR AS PARA 3 OF

ART VII.

2. AS REGARDS THE NEW TERRITORIES ISSUE, IF IT WERE ESTABLISHED BY A COMPETENT AUTHORITY (I.E. BY THE UNHCR OR BY THE COURTS) THAT EXISTING POLICIES, PRACTICES AND LEGISLATION IN RESPECT OF THE NT WERE NOT CONSISTENT WITH THE ICCPR OR THE BOR, WE WOULD HAVE TO AMEND THEM TO REMOVE THE INCONSISTENCY, AS EXPLAINED IN PARAS 60 AND 63 OF THE EXCO MEMORANDUM FAXED TO YOU ON 10 JULY. THE PROBLEMS ENVISAGED IN PARA 4 OF TUR SHOULD NOT ARISE.

3. WE HAVE AGREED THAT THE PROPOSED AMENDMENT WILL NOT BE SUBMITTED TO THE PRIVY COUNCIL UNTIL THE AUTUMN. HOWEVER, WE SEE ADVANTAGE IN MAKING A PUBLIC STATEMENT, WHEN THE BOR IS INTRODUCED INTO LEGCO ON 25 JULY, ON THE BROAD OUTLINE OF THE AMENDMENT. GRATEFUL FOR YOUR VIEWS.

WILSON

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.HONG KONG AGREEMENT

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PS/MR MAUDE

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MR MCLAREN

MR BURNS