TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 114

CONFIDENTIAL

173323 MDHIAN 5107

DEGREE OF CERTAINTY AS TO WHAT BODIES ARE IN FACT BOUND BY THE BOR AND SOME BODIES MAY BE BOUND BY THE BOR FOR SOME PURPOSES BUT NOT FOR OTHERS. THERE MAY BE SOME COMPLAINT BY THOSE WHO PRESSED FOR THE REMOVAL OF INTER-CITIZEN RIGHTS THAT THERE WILL STILL BE UNCERTAINTY AS TO WHAT ACTIVITY IS CAUGHT BY THE BOR AND THAT THE ANALOGY WITH ADMINISTRATIVE LAW DEVELOPMENTS IS NOT APT BECAUSE THE SCOPE OF ADMINISTRATIVE LAW AND THE PROCEDURES AND REMEDIES AVAILABLE ARE AT PRESENT SUBSTANTIALLY MORE LIMITED.

6. YOU WILL NOTE THAT UNDER THE DRAFT SUB-CLAUSE (2), EXCO IS BOUND BY THE BOR. WE ARE AT EASE WITH THIS BECAUSE EXCO DECISIONS CAN BE JUDICIALLY REVIEWED ANYWAY.

7. GRATEFUL IF YOUR COMMENTS COULD REACH US DESKBY 0701OOZ SO THAT WE CAN FINALISE THE DRAFT TEXT AND PASS IT TO THE LEGCO AD HOC GROUP BEFORE OUR MEETING WITH THEM ON 9 MAY.

WILSON

YYYY

ΜΑΙΝ

60

.HONG KONG AGREEMENT

. (RESTRICTED)

LIMITED

HKD

HD/FED

NEWS D

PLANNERS

DISTRIBUTION

64

PUSD

RAD

PS/LORD CAITHNESS

PS/MR LENNOX-BOYD

SIR J COLES

MR BURNS

Res Cleck

agreed with the

hat 0801002

would do.

ADDITIONAL

MS BARRETT LEGAL ADVISERS

MISS BROOKS LEGAL ADVISERS

MR APPLEYARD CABINET OFFICE SIR P CRADOCK NO.10

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CONFIDENTIAL