TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 106

the "full prize"; the "half prize" would not do.

(ii) Mr Galsworthy considered a BOR for Hong Kong to be

neither necessary, nor desirable. He considered the HKG lawyers' (and our) drafting objectives unrealistic. I said I thought there had been some misunderstanding. Many of Our suggested drafting improvements were not of a kind likely to excite the Chinese. Our purpose was to make the BOR clear and workable. An ineffective or incoherent BOR would not achieve its intended purpose of boosting confidence in Hong Kong. "is"/"shall be" debate.

(I explained the He agreed that changing "shall be" to "is" would not have had any significant effect on the Chinese position). However, Mr Galsworthy said he had never expected the BOR to bring any positive benefit to Hong Kong in terms of human rights protection or confidence boosting either before or after 1997; he hoped merely to avoid the negative effects of Chinese denunciation of it. He would be satisfied with a "neutral" outcome.

ef WGE

6. CEDAW:

EXTENSION TO HONG KONG

(Also discussed at the BOR plenary session).

There had been no substantial progress on this subject within HKG. The only major obstacle to extension is the absence of any anti-discrimination or equal pay legislation relating to employment. The main opposition to this was in the financial branches of the Government and the manufacturing sector. Further consideration would be given to this after enactment of the BOR.

7. EXTRADITION

This working session was attended by the Solicitor General, CAB and Security Branch. The main focus was on the likelihood of negotiating partners requesting a

no-resurrender clause and the possibility that they would also require that there will be adequate rendition safeguards between K SAR and the mainland. A line to take with third States is being prepared by RKG lawyers.

8. COURT OF FINAL APPEAL

This meeting was attended by legal advisers, CAB and the Supreme Court Registrar. Discussion focussed on the points still at issue with the Chinese, namely, permanent judges and overseas judges.

AY3AAN