TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 170

CONFIDENTIAL

FM HONG KONG

TO DESKBY 25140OZ FCO

TELNO 933

OF 251145Z MARCH 91

CONFIDENTIAL

MKC241/5

29

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

FOR PAUL, HKD

17

Kar

(18)

020475

MDHIAN 9481

COPY RM 25/3.

Ru 27/3

YOUR TELNO 557 : BILL OF RIGHTS (BOR)

LEAVES US IN AN

1. THE LINE TAKEN BY THE CHINESE AT AWKWARD POSITION. ON THE ONE HAND, IF WE DECIDE TO INTRODUCE THE AMENDMENTS WE HAVE PROPOSED TO THE CHINESE, WE WILL NOT BE ABLE TO SAY PUBLICLY THAT THESE SATISFY CHINESE CONCERNS ON THE STATUS OF THE BOR VIS A VIS THE BASIC LAW AND OTHER HONG KONG LAWS. ON THE OTHER HAND, IT IS CLEAR TO US THAT THE CHINESE DO BELIEVE THAT THE AMENDMENTS WE PUT FORWARD ARE IMPROVEMENTS, AND THAT THEIR REACTION WILL BE MORE FORCEFUL IF THESE AMENDMENTS ARE NOT MADE.

2. AGAINST THIS BACKGROUND, AND OUR ASSESSMENT OF THE POLITICAL ACCEPTABILITY OF THESE AMENDMENTS TO LEGCO, WE HAVE LOOKED AGAIN AT THE AMENDMENTS WE HAVE PROPOSED TO SEE WHETHER WE CAN JUSTIFY THEIR INTRODUCTION TO LEGCO. OUR INITIAL VIEWS ARE :

(A) THE PROPOSAL TO INSERT A NEW CLAUSE TO THE EFFECT THAT THE BOR IS SUBJECT TO THE LETTERS PATENT (LP) IS LIKELY TO CAUSE US THE MOST POLITICAL DIFFICULTY BECAUSE IT IMPLIES THAT THERE WILL BE A MATCHING CLAUSE IN 1997 TO THE EFFECT THAT THE BOR IS SUBJECT TO THE BASIC LAW (BL). IT IS NOT WORTH MAKING WITHOUT AN EXPLICIT CHINESE ACKNOWLEDGEMENT THAT THIS WOULD SATISFY THEIR CONCERN OVER THE STATUS OF THE BOR VIS-A-VIS THE BL. IN DROPPING THIS AMENDMENT, WE COULD SAY TO THE CHINESE THAT WE REMAIN READY TO INSERT A CLAUSE MAKING THE BOR SUBJECT TO THE BL AS PART OF THE MIDNIGHT ADAPTATION EXERCISE, BUT WE COULD NOT MAKE SUCH A POLITICALLY CONTROVERSIAL AMENDMENT NOW WITHOUT EXPLICIT CHINESE CONFIRMATION THAT IT HAS MET THEIR CONCERN.

(B) THE PROPOSED AMENDMENT TO CLAUSE 4 OF THE BOR, TOGETHER WITH THE SUBSTITUTION OF 'THIS ORDINANCE'' BY ''THE ICCPR AS APPLIED TO HONG KONG' WHICH IS A FURTHER IMPROVEMENT, IS PROBABLY WORTH MAKING, IF ONLY TO GIVE THE CHINESE ONE LESS EXCUSE TO CALL INTO

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