TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 28

CONFIDENTIAL

FM FCO

-HKB 24111

HKB24!

SLP 1990

CONFIDENTIAL

TO IMMEDIATE HONG KONG

TELNO 1614

OF 03093OZ SEPTEMBER 90

TOP COPY Q DIST?

INFO IMMEDIATE UKREP JLG HONG KONG, PEKING

(284)

151071 MDHOAN 5817

а втора

290.

YOUR TELNO 2603: BILL OF RIGHTS

1. WE AGREE WITH PARA 2(A), (B) AND (C) OF TUR. WE DO NOT, HOWEVER, AGREE WITH PARA 3 THAT THERE COULD BE A REFERENCE IN THE BOR TO A PRESENTLY NON-EXISTENT, BUT PROPOSED, PROVISION OF THE LETTERS PATENT. THE LETTERS PATENT PROVISION SHOULD BE MADE BEFORE THE BOR IS FINALLY PASSED BY LEGCO WHICH PROBABLY MEANS THAT THE AMENDMENT TO THE LETTERS PATENT SHOULD:

A) BE MADE IN OCTOBER

B)

2.

INCLUDE PROVISION FOR A FREEZE PERIOD.

AS REGARDS THE TEXT OF AN ADDITION TO THE BOR, WE THINK IT WOULD BE DESIRABLE TO EXAMINE FIRST THE ACCEPTIBILITY OF

PROVISIONS OF A TITULAR OR PREAMBULAR NATURE, RATHER THAN IMMEDIATELY PROPOSE SUBSTANTIVE PROVISIONS. OUR APPROACH COULD ALSO HELP TO MINIMISE THE CONSTRUCTIONAL PROBLEMS EXPLORED IN TUR. TWO POSSIBILITIES FOR A REFERENCE TO THE LETTERS PATENT (AS AMENDED) IN THE BOR ARE AS FOLLOWS:

A) AMEND THE LONG TITLE TO INSERT BEFORE QUOTE IMPLEMENT UNQUOTE

THE FOLLOWING QUOTE GIVE EFFECT TO ARTICLE VII (3) OF THE HONG

KONG LETTERS PATENT 1971 TO 1990 SO AS TO UNQUOTE.

B) ADD A SECOND PREAMBULAR PARAGRAPH AS FOLLOWS:

QUOTE AND WHEREAS PROVISION IS MADE IN ARTICLE VII (3) OF THE HONG KONG LETTERS PATENT 1917 TO 1990 FOR THE IMPLEMENTATION OF THE SAID COVENANT THROUGH THE LAWS OF HONG KONG UNQUOTE.

IN EITHER CASE, ALL THAT WOULD BE REQUIRED IN THE MIDNIGHT ADAPTION LEGISLATION WOULD BE TO SUBSTITUTE QUOTE ARTICLE 39 OF THE BASIC LAW UNQUOTE FOR QUOTE ARTICLE VII (3) OF THE HONG KONG

LETTERS PATENT 1917 TO 1990 UNQUOTE. IN EACH CASE THE FORMULA IS SUCH AS TO BE CLEAR THAT THE LETTERS PATENT/BASIC LAW IS THE

DOMINANT INSTRUMENT.

3. AN ALTERNATIVE TO 2(B), WHICH WOULD HAVE THE FURTHER PRESENTATIONAL ADVANTAGE OF GIVING PRECEDENCE TO THE LETTERS PATENT/BASIC LAW WOULD BE TO REPLACE THE PREAMBULAR PARAGRAPH AS

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CONFIDENTIAL