TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 191

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 3066

OF 2210DOZ OCTOBER 90

MS

CONFIDENTIAL

HKD241

22 OCT 1990

aken

INFO PRIORITY PEKING, UKREP JLG HONG KONG.

YOUR TELNO 181

6321

たい

1342

163471

MDHIAN 5324

rivi zaṭiù

Seed 344

fmill

BILL OF RIGHTS : AMENDMENT TO LETTERS PATENT

1. WE HAVE CONSIDERED THE ALTERNATIVE TEXTS SUGGESTED IN YOUR TUR, BUT PREFER THE FOLLOWING SHORTER AMENDMENT

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''THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, ADOPTED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 16 DECEMBER 1966, AS APPLIED TO HONG KONG SHALL BE IMPLEMENTED THROUGH THE LAWS OF HONG KONG. NO LAW OF HONG SHALL BE MADE AFTER THE COMING INTO OPERATION OF THE LETTERS PATENT (NO 2) 1990 THAT RESTRICTS THE RIGHTS AND FREEDOMS ENJOYED IN HONG KONG IN A MANNER WHICH IS INCONSISTENT WITH THAT COVENANT AS APPLIED TO HONG KONG.'

2. THIS IS SIMILAR TO YOUR ALTERNATIVE A, BUT WITHOUT THE PROVISO. WE BELIEVE THAT THE BILL OF RIGHTS CAN BE PROTECTED FROM CHALLENGE UNDER THE AMENDMENT WITHOUT RESORT TO A PROVISO, WHICH WE CONSIDER TO BE POLITICALLY UNATTRACTIVE. OUR PROPOSAL DEPENDS UPON THE FOLLOWING SEQUENCE OF EVENTS

(A) HONG KONG LETTERS PATENT (NO 2) 1990 MADE, BUT EXPRESSED TO COME INTO OPERATION ON ITS PUBLICATION IN THE HONG KONG GOVERNMENT GAZETTE:

(B) ENACTMENT OF BILL OF RIGHTS:

(C) GAZETTAL OF AMENDMENT OF LETTERS PATENT ON SUCH DATE AS WILL ENSURE THAT THE AMENDMENT COMES INTO OPERATION AT THE SAME TIME AS THE BILL OF RIGHTS.

THIS SEQUENCE WILL ENABLE THE BILL OF RIGHTS, IF NECESSARY, TO REFER TO THE AMENDED LETTERS PATENT, SINCE THE AMENDMENT WILL HAVE BEEN MADE, ALTHOUGH NOT BROUGHT INTO OPERATION. IT WILL ALSO PRECLUDE THE BILL OF RIGHTS FROM BEING CHALLENGED UNDER THE THE AMENDED LETTERS PATENT SINCE IT WILL NOT BE A LAW (NEXT WORD UNDERLINED) MADE AFTER THE AMENDMENT TO THE LETTERS PATENT COMES

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CONFIDENTIAL