CONFIDENTIAL
Government to proceed subject to this proviso. UND set out in paragraph 11 below the possible international and human rights repercussions.
Paragraphs 5-10 below set out
additional background requested.
Timing
5.
The Human Rights Committee hearing on the Third Periodic Report under the ICCPR took place in New York from 1-3 April. As instructed, the delegation were prepared to be forthcoming about the VBP problem, if necessary adding that Hong Kong Government keep the Immigration Ordinance under review, but without suggesting that changes were imminent. An advantage of the delay in reaching agreement on the proposed amendments is that we can now proceed with the benefit of the Committee's comments. In fact, the Committee
scarcely focussed on the VBP. This means that opponents of Hong Kong's policy will not have been given any new ammunition. But it would be wrong to draw any firm conclusions from this about the Committee's attitude.
6. Hong Kong Government would plan to put the proposed amendments to the Executive Council on 16 April with publication approximately one week later. This allows a short but reasonable interval after the Human Rights Committee hearing. If accused of bad faith, we can fairly reply that the legislative changes do not amount to a change of general policy, about which the Human Rights Committee were fully briefed and had the opportunity to ask questions.
Bill of Rights
7.
This timing will still enable the amendments to be enacted before the Bill of Rights. Hong Kong have considered what would happen once the freeze period ends and the Immigration Ordinance can be challenged under the Bill of Rights. The advantages of the year's grace are that:
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