TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 26

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO,

TELNO 2677

CHKD241/1

OF 05120OZ SEPTEMBER-90.

CONFIDENTIAL

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INFO PRIORITY UKREP JLG HONG KONG RĘKING

UKRE

-290

1284

4m5/5

OUR TELNO 2603 AND YRTELNO 1614: BILL OF RIGHTS (BOR)

Tel out

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1. WE AGREE WITH PARA 2 OF YRTUR THAT AMENDMENTS TO THE BOR OF A

TITULAR OR PREAMBULAR NATURE SHOULD BE CONSIDERED FIRST BEFORE ANY SUBSTANTIVE AMENDMENTS. OF THE THREE OPTIONS PUT FORWARD IN PARAS 2 AND 3 OF YRTUR, WE PREFER A COMBINATION OF THE LAST TWO, RESULTING IN A PREAMBLE WHICH READS:

QUOTE

WHEREAS PROVISION IS MADE IN ARTICLE VII(3) OF THE HONG KONG

LETTERS PATENT 1917 TO 1990 FOR THE IMPLEMENTATION THROUGH THE LAWS OF HONG KONG OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AS IT IS APPLIED TO HONG KONG,

AND WHEREAS THE SAID COVENANT INCLUDES AN UNDERTAKING TO TAKE THE NECESSARY STEPS TO ADOPT SUCH LEGISLATIVE OR OTHER MEASURES AS MAY BE NECESSARY TO GIVE EFFECT TO THE RIGHTS RECOGNISED IN IT.

UNQUOTE

COMPARED TO THE TWO FORMULATIONS SET OUT IN PARAS 3 AND 4 OF OUR TUR, THIS FORMULATION HAS THE FURTHER ADVANTAGE THAT IT WOULD BE LESS LIKELY TO DRAW THE SORT OF CRITICISM ENVISAGED IN PARA 9 OF

OUR TUR.

1

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CONFIDENTIAL

Redacted under FOI exemption 27(1)

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