TNAG-2553-FCO40-3728-Hong-Kong-Bill-of-Rights-review-of-legislation-1992 — Page 54

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 714

OF 070254Z MARCH 92

CONFIDENTIAL

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INFO PRIORITY PEKING, UKREP JLG HONG KONG

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YRTELNO 76: LEGISLATIVE AMENDMENTS CONSEQUENT TO COURT DECISIONS ON BOR RELATED CASES

1. OUR LEGAL ADVISERS THINK THE REMAINING PRESUMPTIONS IN THE DANGEROUS DRUGS ORDINANCE SATISFY THE TESTS OF RATIONALITY AND PROPORTIONALITY MENTIONED IN THE COURT OF APPEAL DECISION (R.V. SIN YAU MING, HC 289/90) HANDED DOWN ON 30 SEPTEMBER 1991.

2. A LEGISLATIVE COUNCIL AD HOC GROUP WAS FORMED ON 28 FEBRUARY TO STUDY THE TWO AMENDMENT BILLS. WE GAVE A GENERAL BRIEFING TO

THE AD HOC GROUP ON 4 MARCH. THE GROUP WILL STUDY THE BILLS IN GREATER DETAIL AND, WE UNDERSTAND, WILL MEET AGAIN TO CONSIDER ITS POSITION IN ABOUT TWO WEEKS. WE WILL KEEP YOU POSTED.

WILSON

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.HONG KONG AGREEMENT

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(RESTRICTED)

HKD

PUSD

FED//HD

LEGAL ADVISERS//MS BARRETT

.AND MS BROOKS

NEWS D

PLANNERS

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PS/LORD CAITHNESS

PS/MR LENNOX-BOYD

SIR J COLES

MR BURNS

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