TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 102

HK0241/1

CE:

G

- 9 NOV 1990

SY

INJEX

minute.

pc

CONFIDENTIAL

Hong Kong Dept

cc Ms Major, HKD

Mr Fifoot, Legal Advisers

BOR.

356

From: Jill Barrett

Assistant Legal Adviser Date: 5 November 1990

REPORT ON VISIT TO HONG KONG 10-19 OCTOBER 1990

I apologise for the delay in reporting back to you, due to the length of time taken for my papers to return through the bag service.

I.

2.

My programme consisted of a number of formal working sessions covering the Bill of Rights, CEDAW, Extradition and the Court of Final Appeal; individual meetings with the Attorney General, his Law Officers and a variety of other members of the Legal Department, Mr Suen and various officials in CAB, the Deputy Secretary for Security (Mr Strachan) the Director of Legal Aid, the Political Adviser, UK Rep JLG (Messrs Galsworthy and Martin); calls on the Chief Justice, the Registrar of the Supreme Court, the Legal Advisers to OMELCO and the Head of the Central Policy Unit. Some familiarisation was also provided, in the shape of a visit (by helicopter) to Tai A Chau and High Island Detention Centres, a visit to Sha Tin New Town, and observation of Court and Legco proceedings. Since the BOR was the main focus of the visit I shall report on those discussions in some detail, but confime myself to a skeletal account of the rest. Should you require amplification of any aspect, please do not hesitate to ask.

326

3. BILL OF RIGHTS

This was the subject of a number of meetings, culminating in a plenary session chaired by Mr Suen and attended by CAB, the lawyers and Mr Galsworthy, which considered the following points:

327

(a) Letters Patent

A new shorter formulation was agreed (now contained in HK Tel No 3066).

(b) Remedies for violation of rights: our proposal

for a proviso to be added to Clause 6

AY3AAN

Our proposal was presented in two versions; the original version annexed to my minute to you of 5 October and the slightly longer version

CONFIDENTIAL.