TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 156

335

137556 MDLIAN 8453

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 3025

OF 13060OZ OCTOBER 90

CONFIDENTIAL

LAKD2H/1

17 OCT 1990

INFO PRIORITY PEKING, UKREP JLG HONG KONG

Бел

Je

2015/10

TOP COPY Q DIST?

PERSONAL FOR PAUE HKD FROM GOVERNOR

(APP

YOUR TELNOS 1866 AND 1867 TO HONG KONG AND 125 TO UKREP JLG, UKREP JLG TELNO 345 AND PEKING TELNO 1381 BILL OF RIGHTS

35

·

1. THE VARIOUS LEGAL AND POLITICAL IMPLICATIONS OF THE BILL OF RIGHTS, INCLUDING THOSE RAISED BY YOUR LEGAL ADVISERS, WERE TAKEN FULLY INTO ACCOUNT IN THE DRAFTING STAGES. AS YOU HAVE CORRECTLY POINTED OUT, IT HAS BEEN NECESSARY TO STRIKE A BALANCE BETWEEN WHAT WOULD BE DESIRABLE FROM A LEGAL POINT OF VIEW AND WHAT IS REALISTIC FROM A POLITICAL PERSPECTIVE. THIS PROBLEM HAS EXISTED FROM THE OUTSET. IT HAS BEEN RECOGNISED AND UNDERSTOOD BY THE EXECUTIVE COUNCIL AND PRESUMABLY ALSO BY MINISTERS. INDEED, EXCO CONSIDERED AT LENGTH THE MORE SIGNIFICANT RESERVATIONS OF YOUR LEGAL ADVISERS WHICH WERE COMMUNICATED TO US EARLIER THIS YEAR.

2. AS I SEE IT, WHATEVER DIFFERENCES OF VIEW THERE WERE IN THE PAST ON THE MAJOR ISSUES, DECISIONS HAVE NOW BEEN TAKEN. I HOPE THAT THERE IS NO SUGGESTION THAT MINISTERS SHOULD AT THIS STAGE CONTEMPLATE FUNDAMENTAL CHANGES TO THE SCHEME AND THE FORMAT OF THE BILL. I CANNOT IMAGINE THAT THIS WOULD MAKE ANY SENSE POLITICALLY EITHER HERE OR WITH YOU. OUR LEGAL ADVISERS WILL RESPOND TO THE DETAILED POINTS MADE BY FIFOOT BY FAX IN THE NEXT

FEW DAYS.

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3. I AGREE WITH YOU, UKREP JLG AND PEKING THAT NONE OF THE FORMULAE SUGGESTED IN PARA 5 OF YOUR SECOND TUR (I.E. INCLUDING IN THE BILL A REFERENCE TO ARTICLE 39 OF THE BASIC LAW) WOULD SATISFY THE CHINESE. I AM ALSO UNHAPPY ABOUT ANY IDEA OF MAKING THE BILL ''SUBJECT TO THE BASIC LAW FROM THE OUTSET. THERE WOULD BE MAJOR PRESENTATIONAL, POLITICAL AND LEGAL DIFFICULTIES ARISING FROM SUCH A COURSE OF ACTION. IT SEEMS FAR PREFERABLE FOR THE BILL TO BE MADE SUBJECT TO THE LETTERS PATENT UNTIL 1997 AND

THE BASIC LAW THEREAFTER.

4. WE HAVE PREVIOUSLY MADE AN ASSESSMENT OF THE LEGAL AND

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CONFIDENTIAL