TNAG-2619-FCO40-3810-Official-visits-from-the-UK-to-Hong-Kong-1992 — Page 33

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

permitted).

7.

The Chinese have made it clear there is no prospect of

altering the agreement reached. The choice is therefore

between a Court established on the basis agreed or no CFA

before 1997, with uncertainty thereafter. We believe that the agreement is compatible with the Joint Declaration and that, faced with this choice, it is preferable to have a CFA set up soon, so that it can gain experience and be well established before 1997. But this will depend on whether

the Hong Kong Legislative Council passes the draft legislation which the Hong Kong Government will present to

it in due course.

Bill of Rights

8.

The Hong Kong Bill of Rights Ordinance became law in

June 1991. The Bill incorporates into local law the

relevant provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong. Anyone who believes their rights under the Convenant have been

infringed is now able to seek redress in the local courts.

Both the Joint Declaration and Article 39 of the Basic Law

provide for the continued application of the Covenant to

Hong Kong after 1997.

Democracy

9.

When the Sino-British Joint Declaration was signed in

1984, there were no elected members of Hong Kong's

Legislative Council (LegCo). In 1985 indirect elections for

just under half the membership were introduced and, in

February 1988, after an extensive consultation exercise, the

Hong Kong Government announced that 10 directly-elected

seats would be introduced in the 1991 LegCo elections. But

after the events of June 1989 in China, a growing number of

JH4ABS/3

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