TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 135

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 3135

OF 26050OZ OCTOBER 90

CONFIDENTIAL

INFO ROUTINE PEKING, UKREP JLG HONG KONG

PART TWO OF TWO

002646

MDLIAN 1744

HKO 241

RECEIVE

- 5 NOV 1990

heek c

INJEN

PERSONAL FOR PAUL, HKD FROM GOVERNOR

YRTELNO 1866 AND MY TELNO 3025: BILL OF RIGHTS (BOR)

HUMAN RIGHTS COMMISSION

18. THE AD HOC GROUP FAVOURS THE ESTABLISHMENT OF A HUMAN RIGHTS COMMISSION WITH RESPONSIBILITIES FOR HUMAN RIGHTS EDUCATION, ARBITRATION/CONCILIATION BETWEEN PRIVATE INDIVIDUALS/BODIES, REVIEW OF LEGISLATION, INVESTIGATION OF COMPLAINTS AND ISSUE OF GUIDELINES. ESTABLISHMENT OF SUCH A BODY WOULD IN ALL PROBABILITY BE STRONGLY RESISTED BY THE CHINESE, AS THEY COULD REGARD IT AS FURTHER EVIDENCE OF A FUNDAMENTAL CHANGE TO THE LEGAL SYSTEM. THIS WILL HAVE TO BE HANDLED VERY CAREFULLY. CHINESE REACTION TO THE PROPOSAL TO MAKE THE BOR SUBJECT TO THE BASIC LAW WILL HAVE A SIGNIFICANT BEARING. IF THERE IS TO BE ANY SUCH BODY, THEN OUR PREFERENCE WOULD BE FOR A NEW ADVISORY COMMITTEE ON HUMAN RIGHTS, WHICH INITIALLY WOULD TAKE UP SOME OF THE ABOVE FUNCTIONS SUCH AS

HUMAN RIGHTS EDUCATION.

AMENDMENT TO THE LETTERS PATENT

19.

IN OUR TELNO 3066, WE HAVE PROPOSED THE TEXT AND TIMING FOR INTRODUCING THE AMENDMENT.

20. UKREP JLG AGREES WITH THE ASSESSMENT IN PARAS 4-9 ABOVE.

WILSON

YYYY

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