TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 171

CONFIDENTIAL

330

116417

MDLOAN 9287

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG TELNO 1867

!

OF 08134OZ OCTOBER 90

HKD24 L

9 OCT 1990

RY

TOP COPY Q DIST?

INFO PRIORITY UKREP JLG HONG KONG, PEKING

fe Runio

PERSONAL FOR GOVERNOR FROM PAUL, HKD

JLG XVI: BILL OF RIGHTS: REFERENCE TO THE BASIC LAW

2.

THERE ARE OBVIOUS DIFFICULTIES ABOUT A NUMBER OF ASPECTS OF THE QUOTE SUBJECT TO THE BASIC LAW UNQUOTE APPROACH. THE FIRST IS ONE OF PRESENTATION. IT IS ASSUMED FOR THE TIME BEING THAT SUCH A PROVISION WOULD BE CONTAINED IN A SECTION WHICH WOULD NOT COME INTO FORCE UNTIL 1997, BUT, DEPENDING ON WHAT THE SUBSTANCE MEANS (SEE PARA 5 BELOW), THAT COULD RESULT IN THE INTRODUCTION OF A NEW FACTOR FOR INTERPRETING THE BILL OF RIGHTS IN 1997 WHICH COULD CALL IN QUESTION EARLIER INTERPRETATIONS.

SECONDLY THERE IS THE POLITICAL QUESTION OF WHAT WOULD BE THE REACTION LOCALLY TO A REFERENCE TO THE BASIC LAW IN A HONG

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