TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 25

HKC 241/

HKC 241/5

HELE VER

- 6 APR 1992

STOY

INDEX

CONFIDENTIAL

TRY

Mark.

MR

to

нед

have immed

Takes

см

minis la

4/4

я богов нетве PS/Lord Caithness

Sir J

We now have discretia book

ок

the Crimes Ordinence if our criteria

FROM:

DATE:

Cc:

PF Ricketts

dre net

Hong Kong Department

31 March 1992

Mr Burns, o/r

Mr Davis, FED

Miss Barrett,

Legal Advisers

Mr Wye, Rad

Get

Noted. We mustn't GV HIL thich we have the agreed the 28

day deterta

E

114

HONG KONG BILL OF RIGHTS: REVIEW OF LEGISLATION

Problem

1.

The Hong Kong Government (HKG) wishes to consult ExCo on an Amendment Bill to the Immigration Ordinance to bring it

more into line with the Bill of Rights (BOR).

This may provoke Chinese objections. HKG believe that the Chinese

should not be informed or consulted.

Recommendation

2. I recommend:

(a) that we agree that HKG consult ExCo as they propose.

The amendments are not significant enough to warrant running

the risks of informing the Chinese in advance. We should also put to Hong Kong our Legal Advisers' comments on the detailed provisions. I submit two draft telegrams;

(b) that we should have discretion to agree that the same approach be adopted in the case of amendments to the Crimes Ordinance provided that our Legal Advisers are satisfied

TURAAC/1

JRB

CONFIDENTIAL