TNAG-2235-FCO40-3208-Official-visits-from-Hong-Kong-to-the-UK-1991 — Page 67

Mr Cox Mr Paul

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MEETING WITH DAVID EDWARDS, LAW OFFICER (INTERNATIONAL LAW) HONG KONG GOVERNMENT: 20 MAY

1.

Outgoing telegrams on entrustments and IRO subgroup Human Rights Treaties summarise discussion with Mr Edwards on those subjects. The following summarises outstanding points.

Death Penalty in Hong Kong

2.

Mr Edwards' view was that, if Hong Kong opinion felt strongly that the death penalty should be retained, it would be wrong for HMG to interfere. Our defence for not abolishing the death penalty was thus the need to maintain Hong Kong's autonomy. We nonetheless agreed that we should continue to raise the issue with Hong Kong. Opinions might change following the 1991 elections, with a change of Governor, or as 1997 approached.

ICCPR Optional Protocol

3. We agreed that, unless the UK was prepared to ratify the Optional Protocol (which is not envisaged), it would be a waste of time to propose to the Chinese that we ratify it only in respect of Hong Kong and that China continue to honour the obligations after 1997. Furthermore, to make such a proposal might jeopardise our discussions with the Chinese on the continued application of the two UN Covenants as they currently stand.

ICCPR Reservations

4.

We noted that, in preparation for the Third Periodic Report, we have concluded that there is no case for lifting the reservations which applied to Hong Kong. We agreed that we must review the case again thoroughly before the next periodic report and be able to show that we had done so, even if the outcome of the review was to retain the reservations.

Self Determination

5.

Mr Wood refered to his discussion with

Professor Higgins the UK member of the Human Rights Committee (his minute of ほ April to M 3 Duff ). We agreed that we should use publicly the line which Mr Beamish had used with the Human Rights Committee - that due account must be taken of the special circumstances of Hong Kong and of the fact that much of it is subject to a lease which will expire in 1997. Mr Edwards refered us to the House of Commons debate on the Joint Declaration, the FAC report on Hong Kong 1989 and the FCO comments before that Committee for useful material on self determination.

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