CONFIDENTIAL
HAC241/5
24
24 APE 1981
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE F C O
TELNO 1153
OF 181035Z APRIL 91
INFO PRIORITY PEKING, UKREP JLG HONG KONG
23
ра
(27)
116475
MDHIAN 2804
YOUR TELNOS 679 AND 712: BILL OF RIGHTS (BOR)
WE NOW AIM AT CONSULTING EXCO ON 30 APRIL AND HOPE THIS WOULD ALLOW SUFFICIENT TIME FOR YOU TO CONSULT MINISTERS. WE SHOULD BE GRATEFUL IF YOUR VIEWS COULD REACH US BY 23 APRIL FOR INCORPORATION INTO THE EXCO MEMORANDUM.
AMENDMENTS TO MEET CHINESE CONCERNS
Redacted Under FOI
2.
ON YOUR COMMENTS IN 1ST TUR, OUR VIEWS ARE: Exemption Sec 27(1)
(A)
(B)
WE EXPECT THAT THE PROVISION OF MAKING THE BOR SUBJECT TO THE LETTERS PATENT (LP) AND IMPLICITLY THE BASIC LAW (BL), IF INSERTED, WOULD ATTRACT MAJOR CRITICISM LOCALLY AND OVERSEAS, PARTICULARLY AS THE UN HUMAN RIGHTS COMMITTEE HEARING HAS DRAWN ATTENTION ONCE AGAIN TO UN- SATISFACTORY ASPECTS OF THE BL AND POSSIBLE INCONSISTENCIES BETWEEN IT ON THE ONE HAND AND JD, AND THE ICCPR ON THE OTHER. SUCH A PROVISION WILL BE SEEN AS OTIOSE IN THE LIGHT OF BL ARTICLE 8 AND CONSTITUTING AN UNUSUAL LEGISLATIVE PRACTICE IN THE HONG KONG CONTEXT. IF WE WERE TO PROCEED WITH THE AMENDMENT, WE COULD OF COURSE TRY TO MINIMIZE ADVERSE PUBLIC RESPONSE BY PLACING ON RECORD PUBLICLY OUR VIEW THAT THE ICCPR CAND THEREFORE BL ARTICLE 39) SHOULD TAKE PRECEDENCE IN ANY CONFLICT BETWEEN DIFFERENT PROVISIONS OF THE BL. HOWEVER BEING
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