CONFIDENTIAL
061 2
MDHOAN 1285
APPROPRIATE TO KEEP THE REFERENCE TO 'BY MEANS OF A SINGLE LEGISLATIVE MEASURE'. THE SIMPLE DELETION OF THOSE WORDS WOULD BE ACCEPTABLE TO US BUT YOU MAY HAVE IDEAS FOR ALTERNATIVE WORDING. THIS ALSO RAISES THE DIFFICULT QUESTION OF HOW INTER-CITIZEN RIGHTS ARE TO BE PROTECTED BY LAW WHERE THIS IS REQUIRED BY THE COVENANT BUT NOT YET COVERED BY EXISTING LAW. WE ENTIRELY TAKE UKREP JLG'S POINT THAT FURTHER LEGISLATION WOULD GIVE RISE TO DIFFICULTIES WITH THE CHINESE. COULD YOU ENVISAGE ENACTING FURTHER LEGISLATION WITHOUT REFERENCE TO THE ICCPR (EG ON DISCRIMINATION AND PRIVACY). WE SHOULD BE GRATEFUL TO KNOW YOUR FURTHER THOUGHTS ON THIS POINT.
3.
IT WOULD BE HELPFUL TO SEE THE OTHER UNRELATED AMENDMENTS REFERRED TO IN PARA 4 OF FIRST TUR. IF THERE IS STILL SCOPE FOR MINOR AMENDMENTS, OUR LEGAL ADVISERS SUGGEST THAT YOU MIGHT CONSIDER ADJUSTMENT TO CLAUSE 6 TO MAKE CLEAR THAT ONLY INDIVIDUAL (NOT LEGAL PERSONS) CAN INVOKE THE BILL OF RIGHTS. THE ICCPR CLEARLY CONFERS RIGHTS ONLY ON INDIVIDUALS. THE ECHR ON THE OTHER HAND APPLIES ALSO TO LEGAL PERSONS. THERE COULD THEREFORE BE SCOPE FOR CONFUSION, ESPECIALLY IN LOWER COURTS, UNLESS THIS IS CLARIFIED.
4. FINALLY, WE SHOULD BE GRATEFUL TO KNOW WHETHER YOU STILL INTEND TO PUT THIS TO EXCO ON 15 APRIL AND WHETHER YOU ENVISAGE HAVING MINISTERS' VIEWS BEFORE EXCO CONSIDER.
HURD
YYYY
ΜΑΙΝ
61
.HONG KONG AGREEMENT
. (RESTRICTED)
LIMITED
HKD
HD/FED
NEWS D
PLANNERS
ADDITIONAL
2
MS BARRETT LEG ADV
DISTRIBUTION
63
PUSD
RAD
PS/LORD CAITHNESS
PS/MR LENNOX-BOYD
SIR J COLES
MR BURNS
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