TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 162

CONFIDENTIAL

FM FCO

CONFIDENTIAL

TO IMMEDIATE UKREP JLG HONG KONG TELNO 126

OF 11131OZ OCTOBER 90

INFO IMMEDIATE HONG KONG, PEKING

HKD241

-332)

334

130364

MDHOAN 9028

f fm 14/10

TOP COPY

12 1990

Q DIST?

-333

MY TELNO 1867 PEKING TELNO 138 AND YOUR TELNO 345 BILL OF RIGHTS: REFERENCE TO THE BASIC LAW

1. OUR LEGAL ADVICE LEADS US TO CONCLUDE THAT THE PROPOSED FORMULA WOULD ADD CONFUSION TO AN ALREADY CONFUSED SITUATION. WE ARE DEALING WITH A TEXT WHICH, IN SIGNIFICANT RESPECTS, ALREADY POSES PROBLEMS OF INTERPRETATION. ALTHOUGH THE RISK OF LEGAL DAMAGE THAT WOULD ARISE FROM ADDING THIS FURTHER PROVISION SEEMS TO US TO BE REAL, IT IS, HOWEVER, IMPOSSIBLE TO PREDICT WHETHER AND, IF SO, HOW IN PRACTICE, THE AMENDMENT WOULD EXACERBATE THE PROBLEMS A COURT WOULD FACE IN INTEPRETING THE

BILL OF RIGHTS.

3. AS WE HAVE ALREADY MADE CLEAR, WE CONSIDER PUBLIC CHINESE ACCEPTANCE OF THE BILL OF RIGHTS A VERY VALUABLE PRIZE. WE THEREFORE CONCLUDE THAT THE LEGAL RISKS WHICH OUR LEGAL ADVISERS HAVE IDENTIFIED ARE OUTWEIGHED BY THE NEAR CERTAINTY THAT, IF WE DO NOTHING, THE CHINESE WILL DENOUNCE AND REPEAL THE BILL. BUT THIS IS A POLITICAL JUDGEMENT, NOT A LEGAL ONE.

WE LOOK FORWARD TO SEEING HKG'S VIEWS.

FOR HONG KONG: GRATEFUL IF YOU COULD ENSURE MS BARRETT SEES

THIS EXCHANGE OF TELEGRAMS.

5.

HURD

YYYY

1

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