TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 26

CONFIDENTIAL

that the amendments do not raise significant political

issues.

Background and Argument

B 3. The Immigration Ordinance is one of the six ordinances

exempted for one year from the coverage of the Bill of

Rights. Amendments to these Ordinances need to be made before 8 June to ensure compliance with the BOR. HKG wish to submit the Immigration Ordinance Amendment Bill to ExCo

on 7 April, but not to inform or consult the Chinese

beforehand. Ministers have already agreed that we should adopt a case by case approach to the handling of the six

ordinances. The Chinese do not seem to have reacted (yet)

"

to the publication of (fairly minor) changes in January to

two other ordinances. We did not inform or consult them in

those cases either.

4. The proposed amendments are minor, technical and incidental to the main thrust of Hong Kong's Immigration Legislation. It is therefore unlikely the Chinese will

object to the substance. Indeed, certain sections of the

draft Bill, which the HKG are confident they can defend if challenged, will remain incompatible with the BOR. But if we informed the Chinese, they would be bound to object, given their opposition in principle to the BOR and all its works.

5.

The detailed comments in the second telegram are intended to flag up other possible provisions in the Immigration Ordinance which could be subject to challenge under the BOR. HKG may have considered these and decided that they could withstand any challenge. But some of the cases look dubious to us. These points need not hold up consultation with EXCO.

TURAAC/2

CONFIDENTIAL