TNAG-2320-FCO40-3364-Human-rights-in-Hong-Kong-1991 — Page 198

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Action Taken

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February 1991

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Mr M Raven UKDel CHR

UKMis Geneva By Fax

fa

Foreign & Commonwealth

Office

London SWIA 2AH

Telephone: 071-

human rights: general

RM 14/2

Dear dystin,

CHR ITEM 10: WORKING GROUP/RAPPORTEUR ON DETENTION

1. You will have seen Peter Honour's letter of 8 February which I faxed on to you, concerning the domestic ramifications if the French proposal for a working

group/rapporteur were to gain headway at the CHR, and mine of 12 February.

2.

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Notwithstanding the fact that there are certain areas in both domestic and Hong Kong policy which could come under scrutiny by a working group/Special Rapporteur, we are fully prepared to defend our policies in public and could not wish to stand in the way of the proposal. Nonetheless, we would not wish a UN working-group/Special Rapporteur to put a spoke in the wheel of current efforts to clear the VBP camps in Hong Kong, and would accordingly welcome it if the French decided to defer this item. You should speak to the French discreetly on these lines, and if appropriate, mention that it may not be a good time for them to take up the running on this topic, in view of their own difficulties over access by the ICRC to Iraqi POWs in France. But we should not be seen to be opposed to the initiative per se.

3. The draft resolution has a few minor drafting errors, but the most important is the use of the words "and wrongful". This may be a retranslation of "unauthorised", which is used in M. Joinet's report, but legal advisers are not convinced by the explanation in para 89(c) (iii) of the use of this term, and say that the term "arbitrary" should be used throughout. This is the word found in Articles 9 of the Universal Declaration and the ICCPR, and we should stick to it.

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