TNAG-2321-FCO40-3365-Human-rights-in-Hong-Kong-1991 — Page 369

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RESTRICTED

HKC241/5

RECEP

- 6 NOV 1990

FM FCO

INGLA

TO ROUTINE HONG KONG

TELNO 2062

A

&

в висти

15)

031311 MDLOAN 2169'

OF 021215Z NOVEMBER DO

INFO ROUTINE UKREP JLG HONG KONG

"

YOUR TELNO 2882: UN CONVENTION ON TORTURE 1985

1. WE HAVE LOOKED AGAIN AT THIS. WE AGREE THAT IT WOULD BE RISKY TO EXTEND THE CONVENTION TO HONG KONG BEFORE LEGCO HAD PASSED THE BILL. WE ARE THEREFORE REVERTING TO THE PROCEDURE PROPOSED IN YOUR TELNO 4505 OF 1988 BUT WITH SOME MODIFICATION TO TAKE ACCOUNT OF ARTICLE 27(2) OF THE CONVENTION. THIS ARTICLE STATES THAT '' THE CONVENTION SHALL ENTER INTO FORCE ON THE 30TH DAY AFTER THE DAY OF THE DEPOSIT OF CA STATE'S) INSTRUMENT OF RATIFICATION OR ACCESSION'. BY ANALOGY, THIS WOULD APPLY TO NOTIFICATION OF EXTENSION TO HONG KONG. THE CONVENTION WOULD NOT BE CONSIDERED TO BE IN FORCE IN HONG KONG UNTIL 30 DAYS AFTER NOTIFICATION. THE DATE OF ENTRY INTO FORCE OF THE ORDINANCE NEEDS TO COINCIDE WITH THIS LATTER DATE.

2.

RATHER THAN JUGGLE WITH TIMING, WE PROPOSE ADDING A CLAUSE TO THE DRAFT ORDINANCE AS FOLLOWS:

3.

''THIS ORDINANCE SHALL COME INTO FORCE ON THE DATE ON WHICH THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT ENTERS INTO FORCE WITH RESPECT TO HONG KONG. THIS DATE SHALL BE NOTIFIED IN THE HONG KONG GOVERNMENT GAZETTE''.

THE PROCEDURE WE WOULD FOLLOW WOULD THEN BE:

(A) THE BILL PASSES ALL STAGES IN LEGCO EXCEPT FOR THE GOVERNOR'S ASSENT.

(B) ON THE SAME DAY OR AS SOON AS POSSIBLE THEREAFTER, UKMIS NEW YORK NOTIFY THE UN SECRETARY GENERAL OF THE EXTENSION TO HONG KONG.

(C) THE GOVERNOR GIVES HIS ASSENT.

(D) THE ORDINANCE IS PUBLISHED IN THE GAZETTE.

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