TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 156

Redacted Under FOI Exemption Sec 27(1)

CONFIDENTIAL

6. If Ministers agree with the recommendation, Hong Kong Government intend to consult ExCo on 30 April. UKREP JLG

then intend to tackle the Chinese once more before Hong Kong Government put the amendments to the LegCo ad hoc group. But it is unlikely that the Chinese position will shift.

Amendments

B

7. The arguments on each amendment are set out in Hong Kong

telno 1151. In addition:

(a) Subject to Letters Patent: this causes the most

difficulty with Hong Kong public opinion. The amendment implies that after 1997, the provision will read "subject to

the Basic Law". Many will see this as a watering down of the Bill and acceptance that the Basic Law will prevail where it is less satisfactory than the ICCPR. It is

relevant that the UN Human Rights Committee hearing on the third periodic report drew attention to unsatisfactory aspects of the Basic Law and possible inconsistencies

between it and the JD/ICCPR. Since the only advantage in this amendment is to elicit Chinese support for the Bill of Rights (and some reassurance that they will not repeal it in 1997), we should not proceed with this amendment in the

circumstances.

To minimise adverse Chinese reaction, we should make clear

to the Chinese that Hong Kong Government are willing to

insert a "subject to the Letters Patent" clause into the

Bill of Rights Ordinance at any time that the Chinese are

able to state publicly that they are satisfied that the Bill

TOMBBF/3

CONFIDENTIAL