TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 52

Major,

Ms Major, HKD

CONFIDENTIAL

CHKD241/1

- 9 AUG 1990

REGE

From:

Term

på hur

8/8

Paul Fifoot

272

Legal Advisers

Date: 7 August 1990

CC Ms Barrett

~269

HONG KONG BILL OF RIGHTS: UKREP JLG TELNO 247

1. Note:

I have the following comments on the draft Speaking

Paragraph 2, third sentence. The reference to an express purpose related to Article 39, while not untrue, gives support to the Chinese assumption that the Bill of Rights is somehow aimed at them. I see no reason why we should give them further material to bolster that and suggest that this sentence should commence: "Indeed considerable care has been taken in drafting the Bill of Rights to ensure that it complies with the provisions ....";

7

Paragraph 2, last sentence, would be better if it commenced: "They have therefore sought to ensure

"

2.

Paragraph 3, second sentence, should start: "Despite strong public views in Hong Kong that the Bill of Rights sould have a status superior ....";

Paragraph 3, third sentence, should read: "Under the common law system any existing law is subject to express or implied repeal by a later law; the Bill of Rights will be no different.";

Paragraph 5, sixth sentence, should commence: "However, if amendments are found to be necessary, this will not be a result

... •

";

Paragraph 5, seventh sentence, should read: "Article 39 of the Basic Law itself would require any such laws ....".

Peking telno 1128 makes two additional suggestions. The consistency obviously should be taken into account. As regards the Covenant on Economic and Social Rights, we could

new paragraph after paragraph 6 of TUR to the following

effect:-

"It is also our understanding that the Chinese side considers there is an inconsistency between the proposed enactment of a law to give effect to the Covenant on Civil and Political Rights and the absence of any

3 PFABD

CONFIDENTIAL