TNAG-2321-FCO40-3365-Human-rights-in-Hong-Kong-1991 — Page 367

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YOUR TELNO 2062 OF 1990: UN CONVENTION ON TORTURE 1985.

THANK YOU FOR YOUR SUGGESTIONS IN TUR. DUE TO OVERSIGHT, WE HAVE

NOT RESPONDED EARLIER.

1.

2. ON SYNCHRONISING THE ENTRY INTO FORCE OF THE ORDINANCE WITH EXTENSION OF THE CONVENTION TO HONG KONG, WE BASICALLY AGREE TO YOUR PROPOSAL IN PARA 3 OF TUR. HOWEVER, WE HAVE RESERVATIONS ABOUT MAKING A REFERENCE TO THE CONVENTION IN THE COMMENCEMENT PROVISION OF THE BILL AS SUGGEST SUGGESTED IN PARA. 2 OF TUR. WE

DO NOT FEEL IT DESIRABLE TO CREATE WHAT FOR US WOULD BE A PRECEDENT WHEREBY ONE HAS TO RECITE THE ENTRY INTO FORCE OF A TREATY IN ORDER TO ENACT LAWS IMPLEMENTING IT. INSTEAD, WE PROPOSE TO ADOPT THE USUAL COMMENCEMENT CLAUSE QUOTE ON A DATE TO

BE APPOINTED BY THE GOVERNOR BY NOTICE IN THE GAZETTE UNQUOTE.

3.

/

THE PROCEDURE WOULD THEN CLOSELY FOLLOW THAT OF PARA. 3 OF

TUR. IN RESPECT OF STEP (F) A NOTICE WILL BE PUT IN THE GAZETTE MAKING THE DATE OF COMMENCEMENT THE SAME AS WHEN THE CONVENTION COMES INTO FORCE IN RELATION TO HONG KONG BUT NO DIRECT REFERENCE

WILL BE MADE TO THE CONVENTION.

4. GRATEFUL FOR YOUR VIEWS.

TIMING.

5. OUR EARLIER PREOCCUPATION WITH THE ENACTMENT OF THE BILL OF

RIGHTS REGRETTABLY AFFECTED THE PROGRESS OF WORK ON THE TORTURE

BILL. WE NOW HOPE TO INTRODUCE THE BILL INTO THE LEGCO IN LATE

NOVEMBER WITH A VIEW TO HAVING IT ENACTED EARLY NEXT YEAR.

WILSON

YYYY

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