TNAG-2553-FCO40-3728-Hong-Kong-Bill-of-Rights-review-of-legislation-1992 — Page 113

CONFIDENTIAL

001154

MDHOAN 7877

1. NONE OF THE OPTIONS AVAILABLE TO US FOR HANDLING THE QUESTION OF CONSULTATION WITH THE CHINESE ON AMENDING THESE ORDINANCES TO BRING THEM INTO LINE WITH THE BILL OF RIGHTS (BOR) IS FREE FROM DIFFICULTIES. BUT WE AGREE THAT, IF EXCO ARE CONTENT, IT IS RIGHT TO PUBLISH AND PROCEED WITH THE AMENDMENTS TO THE PREVENTION OF BRIBERY AND ICAC ORDINANCES WITHOUT FURTHER ADVANCE DISCUSSION WITH THE CHINESE AND THAT WE SHOULD CONSIDER HANDLING OF SUBSEQUENT AMENDMENTS CASE-BY-CASE. SUBJECT TO YOUR VIEWS AND THOSE OF OTHER ADDRESSEES, WE BELIEVE THAT WE SHOULD HOWEVER LET THE CHINESE KNOW OF THE PUBLICATION OF THE DRAFT AMENDMENTS SHORTLY, AS A COURTESY.

2.

THERE MAY BE TACTICAL ADVANTAGE IN TRYING TO GET THE FIRST TWO AMENDING BILLS ENACTED AS QUICKLY AS POSSIBLE AND NOT INTRODUCING THE OTHER FOUR UNTIL AFTER QIAN QICHEN'S VISIT HERE ON 9-10 MARCH.

TEXT OF DRAFT TELEGRAM ENDS HERE

SIR JOHN COLES COMMENTED AS FOLLOWS:

CHONG KONG BILL OF RIGHTS: REVIEW OF LEGISLATION)

1. THE REASON FOR CONSULTING MINISTERS IS THAT THE PROPOSED ACTION IS LIKELY TO LEAD TO ANOTHER ARGUMENT WITH THE CHINESE AND THIS COULD SPILL OVER INTO THE SECRETARY OF STATE'S MEETING WITH THE CHINESE FOREIGN MINISTER ON 9 MARCH.

2. THERE IS ONE ASPECT, NOT ADDRESSED ABOVE, WHICH NEED TO BE BORNE IN MIND. AT THE TIME OF THE AIRPORT AGREEMENT WE AGREED TO CONSULT THE CHINESE ON MAJOR MATTERS STRADDLING 1997. THE PARTICULAR CHINESE CONCERN RELATED TO MATTERS WHICH MIGHT CREATE NEW RIGHTS AND OBLIGATIONS FOR THE SAR. IF THE CHINESE QUOTE THIS BACK AT US IN THE PRESENT CASE WE WOULD SAY, REASONABLY IN MY VIEW, THAT THE ACTION IN QUESTION IS MERELY A NATURAL CONSEQUENCE OF THE ENACTMENT OF THE BILL OF RIGHTS, A MAJOR MATTER ON WHICH WE (NEXT WORD UNDERLINED) DID CONSULT THEM. WE DO NOT REGARD IT AS A NEW ''MAJOR MATTER'' REQUIRING CONSULTATION.

3. OTHERWISE I AGREE WITH THE ACTION PROPOSED.

COMMENTS END

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