discrimination in the private sector. I shall ensure that HKG are fully aware of this possibility, and if they are concerned about it, discuss ways of avoiding or dealing with the problem. (Please see my separate minute on Mr Lester's opinion.)
(ii) Reference in the BOR to the Letters Patent and BL
The formula to be inserted, if any, for the purposes of a deal with the Chinese, needs to be discussed. Mr Fifoot has explained in his minute to you of 4 October why the words "subject to the BL" are undesirable. In my view a statement that the BOR is "subject to the BL and enacted in accordance with Article 39" might be a little more acceptable, and suggest that, if Mr Fifoot agrees, I discuss this possibility with HKG and Mr Galsworthy, as well as any other new ideas which may be floating in HKG.
(iii)
Review of legislation
In view of the distinct risk of the NPC Standing Committee repealing the BOR in 1997, it may be that its most useful contribution to human rights protection in Hong Kong will be the fact that it will have repealed all existing legislation which infringes the ICCPR. It is therefore critical that the current review of legislation is carried out comprehensively and accurately. I understand that Constitutional Affairs Branch and their legal advisers may be interested in advice about the compatibility of particular pieces of legislation with the ICCPR, drawing on our experience with the European Convention on Human Rights. If so, I will be pleased to assist in this way.
(iv) The proposed Human Rights Commission
HKG have in mind to establish a non-governmental body to assist with the implementation of human rights standards.
(This is not included in the BOR Bill.) I propose to encourage them to proceed with this plan, and to discuss the various functions which such a body could usefully perform, drawing on our (admittedly rather limited) experience with such bodies as the Equal Opportunities Commission, the Commission for Racial Equality and the Northern Ireland Advisory Commission on Human Rights.
(v) Letters Patent Amendment
We recently proposed two alternative formulae in telno 1816. I imagine that CAB will wish to discuss the effect of these and the timing of the amendment.
JM Banetf
Jill Barrett
GENABQ
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