TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 150

CONFIDENTIAL

11647

MDHIAN 2804

(C)

(D)

(E)

(F)

UNABLE TO QUOTE CHINESE SUPPORT FOR (OR AT LEAST NON OPPOSITION) TO THE BOR AS A PRIZE, SUCH A STATEMENT IS UNLIKELY TO BE EFFECTIVE AND MIGHT FURTHER ESTRANGE THE CHINESE SIDE. WE DO NOT THEREFORE THINK THAT WE SHOULD PROCEED WITH THIS AMENDMENT IN PRESENT CIRCUMSTANCES.

WE THINK THAT OUR EXPLICIT WILLINGNESS TO INSERT A CLAUSE MAKING THE BOR SUBJECT TO THE BL AS PART OF THE MIDNIGHT ADAPTATION LEGISLATION SHOULD MINIMIZE ANY NEGATIVE CHINESE RESPONSE TO OUR DROPPING THE AMENDMENT. SUCH WILLINGNESS SHOULD BE CONDITIONAL ON THE BILL NOT BEING FOUND CONTRARY TO THE BASIC LAW. WE DO NOT INTEND TO TAKE THE INITIATIVE IN MAKING THIS PUBLIC AT PRESENT, BUT IF THE CHINESE LEAK IT, WE WOULD HAVE TO MAKE THE CONDITIONALITY CLEAR.

WE PROPOSE TO PRESENT THE OTHER AMENDMENTS PUBLICLY AS INTENDED TO MINIMIZE THE POSSIBILITY OF THE BOR BEING PERCEIVED AS INCONSISTENT WITH THE BL. IF NECESSARY WE WOULD ALSO MAKE CLEAR THAT THEY HAVE NO OPERATIONAL EFFECT ON THE BILL OF RIGHTS.

WE HAVE NO OBJECTION TO DELETING THE REFERENCE TO ''BY MEANS OF A SINGLE LEGISLATIVE MEASURE'' WHERE IT OCCURS GIVEN THAT THE CHINESE ORIGINAL CONCERN IS MAINLY ABOUT THE CONTENTION. TO ''IMPLEMENT FURTHER'' THE ICCPR AND THAT THE PARTICULAR REFERENCE WILL NOT ADDRESS THE CHINESE CONCERN BUT MAY CAUSE CONFUSION IF INTER-CITIZEN RIGHTS ARE REMOVED FROM THE BOR. IN PUTTING THIS TO THE IN PUTTING THIS TO THE CHINESE SIDE, WE COULD REPRESENT IT AS FURTHER EFFORT TO MEET THEIR CONCERNS EXPRESSED AT JLG XVIII.

WE ARE STILL CONSIDERING YOUR SUGGESTION THAT WE SHOULD PUT IT BEYOND DOUBT THAT A REMEDY UNDER THE BOR CAN ONLY BE GRANTED TO NATURAL PERSONS. HOWEVER, WE ARE RELUCTANT TO PUT ANY KIND OF GLOSS ON THE ICCPR IN THE BOR IN CASE THE HUMAN RIGHTS COMMITTEE DECIDES ON DAY THAT, IN SOME CIRCUMSTANCES, RIGHTS AND FREEDOMS CAN BE ENJOYED BY PERSONS OTHER THAN NATURAL PERSONS. WE ARE IN ANY EVENT CONFIDENT THAT THE LONG TITLE AND CLAUSE 2(3) OF THE BOR WILL ENSURE THAT THE COURTS WILL REACH THE CORRECT INTERPRETATION OF THE REMEDIES PROVISION.

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