FB6AKY
RESTRICTED
HKC ooo!!
From:
F D Berman
14 MAY 1982
* OFFICS"
Date:
cc:
Legal Adviser
8 May 1992
Mr Burns
Mr Bone
Mr Ricketts
Mr Watt, UND Miss S Brooks
Sir John Coles
INTERNATIONAL COMMISSION OF JURISTS (ICJ): REPORT ON HONG KONG
1. I could not fail to notice that, despite my minute of 1 May, the submission of 5 May informed the Minister categorically that this was not an impartial enquiry. Since there is little if any evidence to support that assertion in the Report itself (which I have now had the chance to look through fleetingly) I assume that it must be based on other information to hand about the circumstances in which the enquiry was set up or the way in which its members went about their task.
2. The alternative explanation is that the view was based solely on the enquiry's terms of reference. Presumably the thought would be that any investigation assigned expressly to look into the implementation by governmental authorities of their human rights "obligations" by definition incorporates a prejudgment. But this approach is totally unrealistic. There can be no such examination except on the presupposition that human rights exist and that the performance of those whose duty it is to implement them is open to monitoring. Nor can I see how either
proposition could be rejected by HMG. I repeat what I said in my earlier minute, namely that, whether we like them or not, we must be prepared to answer the criticisms of reputable groups on their merits and not by brushing aside the legitimacy of their interest.
3. In view of the rather wider issues which this minuting raises, I am copying it also to Mr Bone and to Mr Watt in UND. In due course, it is exactly the sort of thing which the new Human Rights Policy Unit will have to grapple with.
F D Berhan
RESTRICTED
(S)
No comments yet.
Private notes are available after approval.