TNAG-2176-FCO40-3113-Hong-Kong-Bill-of-Rights-1990 — Page 90

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FM FCO

HKD 241

AECO

TO DESKBY 21010OZ HONG KONG

TELNO 1395

OF 20142OZ JULY 90,

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253)

161 721 MDHOAN 2882

23 JUL 1990

TOP COPY Q. DIST?

..n Taken

23/7

INFO PRIORITY PEKING, UKREP JLG HONG KONG

/(23)

YOUR TELNO 2292: BILL OF RIGHTS: LEGCO SPEECH BY CS

1. WE HAVE THE FOLLOWING COMMENTS ON THE SPEECH FAXED TO HKD (WHICH ON THIS OCCASION REACHED US IN GOOD TIME: MANY THANKS).

2. PARA 7: WE WOULD PROPOSE DELETING THE WORDS QUOTE UNDER THE CURRENT LEGISLATIVE TIMETABLE UNQUOTE IN THE THIRD SENTENCE AS INVITING CRITICISM THAT THE TIMETABLE IS TOO TIGHT. FOR THE SAME REASON WE WOULD SUGGEST AMENDING THE FOLLOWING SENTENCE TO READ QUOTE INDEED, THE PURPOSE OF THE PROPOSED FREEZE WAS TO ENABLE US TO IDENTIFY ORDINANCES LIKELY TO BE AFFECTED BY THE BILL AND TO TAKE REMEDIAL ACTION UNQUOTE.

3=

WE HAVE NOTICED MISCONCEPTIONS IN UK PRESS REPORTS ABOUT THE REASONS FOR THE CHANGE IN THE FREEZE PERIOD. THEY HAVE INTERPRETED THE PROVISION FOR OPEN ENDED FREEZE BY RESOLUTION OF THE COUNCIL AS A SINISTER MEASURE TO AVOID OBLIGATIONS UNDER THE

COVENANT. TO ADDRESS THIS WE SUGGEST AMENDING 5TH SENTENCE OF PARA 7 TO READ QUOTE ... A BLANKET FREEZE ON EXISTING LEGISLATION FOR ONLY ONE YEAR INSTEAD OF TWO AFTER THE ENACTMENT OF THE BILL UNQUOTE. AND ADD A NEW FINAL SENTENCE QUOTE THE ADMINISTRATION REMAINS COMMITTED TO FULL APPLICATION OF THE BILL OF RIGHTS AT THE EARLIEST POSSIBLE DATE UNQUOTE.

4. PARA 17: WE WOULD PREFER THE 2ND SENTENCE TO READ QUOTE THERE WOULD NOT SEEM TO BE MUCH SCOPE FOR CLAIMS AGAINST THE PRIVATE SECTOR UNDER THESE ARTICLES UNQUOTE. THE 10TH SENTENCE

ALSO SEEMS TO US A LITTLE PROVOCATIVE.

5. PARA 19: THERE APPEARS TO BE A SECTION MISSING BETWEEN THE

2ND AND 3RD SENTENCES. WE ASSUME THAT THE LINE SHOULD FOLLOW THAT IN PARA 43 OF THE EXCO MEMORANDUM XCC(90)100.

6.

PARA 24: LAST SENTENCE: WE SHOULD PREFER TO AVOID (FOR CHINESE REASONS) IMPLYING THAT A RULING BY AN INTERNATIONAL BODY

MIGHT FORCE YOU TO CHANGE YOUR LAW. WE SHOULD PREFER THIS

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