TNAG-2325-FCO40-3369-Hong-Kong-Bill-of-Rights-policy-1991 — Page 201

CONFIDENTIAL

нис241 5

REC

3

110222

MDLOAN 8640

29 JAN 1991

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG TELNO 59

OF 111155Z JANUARY 91

*

INFO ROUTINE PEKING, UKREP JLG HONG KONG

DIST ?

"BOR: policy fa Qu

14/1

о

YOUR TELNO 66: BILL OF RIGHTS (BOR)

1 WE ARE CONTENT WITH THE PROPOSALS IN PARAGRAPH 2(1) AND (2) OF TUR.

2.

ON THE PROPOSAL AT PARAGRAPH 2(3), THE ADDITION OF THE WORDS ''BY MEANS OF A SINGLE LEGISLATIVE MEASURE'' ADDS NOTHING TO THE NORMATIVE EFFECT OF THE BILL. THE PRESENCE IN AN INTERPRETATION CLAUSE OF WHAT ARE ESSENTIALLY OTIOSE WORDS MAY PUZZLE THE COURTS IN THEIR ATTEMPT TO GIVE MEANING TO EVERY PROVISION IN AN ENACTMENT. WE WOULD HOPE, HOWEVER, THAT THE COURTS WOULD BE PREPARED TO TREAT THE WORDS IN THIS CLAUSE AS PURELY DESCRIPTIVE. AND, SINCE THIS AMENDMENT MAY HELP TO MAKE THE BILL OF RIGHTS ACCEPTABLE TO THE CHINESE, WE AGREE WE SHOULD TRY IT.

3. AS YOU KNOW (MY TELNO 2271 PARA 1(B)), WE WOULD BE CONTENT TO SEE CLAUSE 4 DROPPED IF THIS WOULD SECURE CHINESE AGREEMENT. BUT WE ACCEPT THE PRESENTATIONAL ARGUMENTS AND ARE CONTENT WITH THE COURSE OF ACTION PROPOSED IN PARAGRAPH 3 OF TUR.

HURD

YYYY

ΜΑΙΝ

58

.HONG KONG AGREEMENT

. (RESTRICTED)

LIMITED

HKD

HD/FED

NEWS D

DISTRIBUTION

60

PUSD

RAD

PAGE

PS/LORD CAITHNESS

PS/MR LENNOX-BOYD

MR MCLAREN

MR BURNS

1

CONFIDENTIAL