TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 67

Miss Barrett

Legal Advisers, K 176

CONFIDENTIAL

Reference..

HKC 24115

CM

HONG KONG: BILL OF RIGHTS: REVIEW OF LEGISLATION: IMMIGRATION ORDINANCE

1. I attach a copy of a draft ExCo memorandum aligning the Immigration Ordinance with the Bill of Rights and Hong Kong telno 886.

I have made a rapid study of the text and have some reservations:

2.

while the recommendation of the Political Adviser was that there was no need to inform or consult the Chinese about the proposals, I note that we are consulting the Chinese about amending the Ordinance with regard to the Basic Law;

the draft seems to me to be a worrying mix of tailoring the Ordinance to agree with the Bill of Rights and some perhaps over confident hopes that Hong Kong could successfully defend sections not amended (para 6);

para 8(c): I cannot see the point of defendents "adducing evidence to the contrary" to rebutt presumptions rather than proof. How would the evidence be evaluated? Would it not require some form of corroboration?;

- I assume para 9 should read "inconsequential".

3.

Irritatingly, Hong Kong have given us only one working day to study the draft before replying deskby 2701002 March. I would be grateful, therefore, for your early views as to whether we can meet this deadline.

B.Halen'

Dr S D Harkin

Hong Kong Department

WH 305

270 3287

25 March 1992

ALMABP JRB

CONFIDENTIAL

CODE 18-77