TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 65

CODE 18-77

CONFIDENTIAL

Reference..

10. Consideration was again given to the question of applying the ICCPR to Hong Kong in 1974-75 in preparation for ratification (which had not been possible in 1970, as had been hoped, mainly because of difficulties concerning UK domestic legislation). The Interdepartmental Working Group of officials on the Question of Ratification of the Covenants (as it was now called) was reconvened in early 1974, and on 1 August 1974 it issued a report reviewing the arguments for and against ratification by the UK.

11. The report included chapters entitled "Particular difficulties in relation to Great Britain and Northern Ireland" and "The Dependent Territories, the Channel Islands and the Isle of Man". Attached to it were various annexes discussing the provisions of the Covenants and other aspects in detail. The former chapter noted, with particular reference to the paragraphs of Annexes to the report devoted to Article 2 of the ICESCR and Article 2 of the ICCPR, that existing UK legislation against discrimination on various grounds was by no means as comprehensive as the Covenants might be held to require. The point was not repeated in the chapter dealing with the dependent territories. The latter chapter included the following observations:-

"It must be expected that ratification of the Covenants would create many problems for the territories, assuming that the Covenants were applied diligently. Political, cultural, economic and social conditions vary enormously from territory to territory and it cannot be expected that the exacting standards of the Covenants, particularly that on Economic, Social and Cultural Rights, can be entirely met in many instances. On signature of the Covenants, a number of reservations were entered to safeguard the position in certain territories, notably Hong Kong.* These reservations were, however, drawn up after only cursory study of the full implications of the Covenants. Subsequent surveys have indicated more problems than were anticipated at first, but because of the difficulty in securing reliable and comprehensive information from some of the more remote and under-developed territories, it has not been possible so far to form a clear overall picture. It is hoped that the latest round of consultations, in which the territories are being given detailed guidance as to the likely interpretation of each Article of the Covenants, will provide a sound basis for decisions in relation to ratification. A full report in this regard will be prepared by the Foreign and Commonwealth Office, in conjunction with the Home Office.

"At this stage, it should be noted that it would undoubtedly be necessary to enter a considerable number of

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ie those described in paragraph 8 of this minute

CONFIDENTIAL