TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 155

CONFIDENTIAL

A

Background

3.

We have since March 1990 been discussing the Bill of Rights with the Chinese in an effort to meet their professed

concerns:

(a) that the Bill of Rights is superior in status to the Basic Law;

(b) that the Bill has an overriding status over other Hong Kong laws;

(c) that the purpose of the Bill should not be described

as "further implementing the ICCPR" since the ICCPR is already fully implemented in Hong Kong;

(d) that introduction of the Bill would entail wholesale changes in Hong Kong's existing laws to ensure consistency.

4. We do not believe that there is legal substance to any of these objections. The Chinese attitude is based on

political hostility. In an attempt, however, to end public Chinese criticism of the Bill and to increase the chances of it remaining law after 1997, we have proposed the amendments summarised at A. On changes to existing laws, we have told the Chinese that Hong Kong are now looking at less than a dozen laws for possible inconsistencies with the ICCPR. Where amendments are needed they will be kept to a minimum. We have said that we shall inform the Chinese in advance of

any proposed changes and, if they wish, discuss them with

them.

Recent Developments

Redacted Under FOI Exemption Sec 27(1)

CONFIDENTIAL