CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1343
OF 13094OZ JULY 90
231
CONFIDENTIAL
HKD24L
REGISTRY
17 JUL 1990
[REGISTRY
(239
146714
MDHOAN 2466
R.p.c. 10/7
PAW
PERSONAL FOR GOVERNOR FROM MCLAREN, DUSS
YOUR TELNO 2171: BILL OF RIGHTS
1.
ALAN PAUL HAS SHOWN ME YOUR STRICTLY PERSONAL TELEGRAM ABOUT FCO TELNO 1286. I AM SORRY THAT YOU TOOK EXCEPTION TO THE TONE OF THIS TELEGRAM. HAVING RE-READ IT (I DID NOT SEE IT BEFORE DESPATCH) I CAN SEE WHY. I AGREE THAT THE POINT IN THE LAST
PARAGRAPH COULD HAVE BEEN PUT MORE TACTFULLY. AS YOU RIGHTLY SURMISE, THE MAIN FORCE BEHIND THE TELEGRAM WAS THAT OF OUR LEGAL ADVISERS.
2.
THAT SAID, I THINK YOU SHOULD BE AWARE THAT THE SENTIMENTS EXPRESSED IN THE TELEGRAM REFLECT A DEGREE OF FRUSTRATION ON OUR SIDE OVER THE SOMEWHAT DISMISSIVE RESPONSES, IN YOUR ABSENCE IN THE UK, TO OUR DETAILED COMMENTS ON THE DRAFT. NO ONE HERE UNDERESTIMATES THE DIFFICULTIES OF THE DRAFTING EXERCISE IN WHICH YOU HAVE BEEN ENGAGED. THESE ARE VERY UNFAMILIAR WATERS AND WE ARE CONSCIOUS THAT YOUR LAWYERS HAVE HAD TO STRIKE A
DELICATE BALANCE BETWEEN SOMETIMES CONFLICTING INTERESTS AND REQUIREMENTS. THERE IS ALSO THE CHINESE ANGLE. IT HAS BEEN WITH ALL THIS IN MIND, AND WITH A DESIRE TO BE HELPFUL, THAT WE HAVE BEEN PROVIDING OUR COMMENTS AND SUGGESTIONS, BOTH ON THE SUBSTANCE OF THE DRAFT AND ON TIMING AND OTHER ASPECTS. IT WAS IN THIS SAME SPIRIT THAT ALAN PAUL FLOATED THE IDEA OF A VISIT
TO HONG KONG BY A LEGAL ADVISER (FCO TELNO 1312).
3.
AS YOU KNOW, THESE CONCERNS ARE SHARED BY MINISTERS TO SOME EXTENT. THERE IS CLEARLY A SIGNIFICANT POTENTIAL DOWNSIDE, SHOULD THE LEGISLATION TURN OUT TO HAVE MAJOR FLAWS, OR SHOULD THE CHINESE PUBLICLY DENOUNCE THE BILL OF RIGHTS (AS THEY HAVE THREATENED TO DO THEREBY BRINGING INTO DOUBT ITS VALUE AFTER 1997. IN THIS CONNECTION, IT WOULD STILL BE HELPFUL TO HAVE YOUR ASSESSMENT OF THE IMPACT ON PUBLIC OPINION IN HONG KONG IN THE EVENT OF SUCH A REACTION FROM THE CHINESE (FCO TELNO 1203 REFERS).
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