10. THERE HAVE BEEN SUGGESTIONS IN HONG KONG THAT IN ORDER TO GIVE
FULL FORCE TO THE PROVISIONS OF THE JOINT DECLARATION A BILL OF RIGHTS' SHOULD BE INCORPORATED IN THE BASIC LAW OR, BETTER STILL, ENACTED IN HONG KONG PRIOR TO 1997. THIS IDEA, HOWEVER, CREATES
DIFFICULTIES FOR THE FOLLOWING REASONS:
(A) THERE IS ALREADY PROVISION FOR THE EXISTING RIGHTS AND FREEDOMS OF HONG KONG PEOPLE TO BE CONTINUED IN THEIR ENTIRETY. SECTION XFP OF ANNEX TO THE JOINT DECLARATION ENSURES CONTINUED
APPLICATION TO HONG KONG OF THE TWO INTERNATIONAL COVENANTS.
THESE RIGHTS AND FREEDOMS EXIST FOR THE MOST PART IN THE COMMON LAW
AND ORDINANCES, AND ANY ATTEMPT TO CODIFY OR CATALOGUE THESE
RIGHTS WOULD BE MORE LEKLY TO LIMIT THEM THAN TO PRESERVE OR
EXTEND THEM: AND
(B) ANY ATTEMPT TO INTRODUCE A 'BILL OF RIGHTS' WOULD CREATE ENDLESS
SCOPE FOR DISPUTES REGARDING THE APPARENT LIMITATIONS ON FREEDOMS
THAT ARE GENERALLY ACCEPTED IN ANY DEMOCRATIC SOCIETY.
11. FOR THESE REASONS AS WELL AS THOSE STATED IN PARAGRAPH 5 ABOVE,
IT WOULD BE BEST OF IN IMPLEMENTING THE JOINT DECLARATION, THE BASIC
LAW GAVE THE FORCE OF LAW IN HONG KONG TO THE TWO COVENANTS
INSOFAR AS THEY ARE AT PRESENT APPLIED TO HONG KONG AND TO THE EXTENT
THAT THEY ARE CAPABLE OF HAVING THAT EFFECT. THIS MIGHT BE DONE BY
A SENTENCE ALONG THE FOLLOWING LINES:
**THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS AND THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS, AS APPLIED TO HONG KONG, SHALL CONTINUE TO BE
IMPLEMENTED IN THE HONG KONG SAR.''
THUS THE COVENANTS WOULD BECOME PART OF THE LAWS OF HONG KONG AS
WELL AS BEING TREATHES APPLYING TO HONG KONG.
C. AUTHORITY FOR THE INTERPRETATION OF THE BASIC LAW.
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12. THE BASIC CHINESE POSITION ON THE AUTHORITY FOR THE
INTERPRETARION OF THE BASIC LAW WAS STATED BY STATE COUNCILLOR MR.
JI PENGFE AT HIS PRESS CONFERENCE IN HONG KONG ON 21 DECEMBER
1985: SUCH AUTHORITY WOULD BE VESTED IN THE NPC AND ITS STANDING
COMMITTEE. THIS IS IN LINE WITH THE CHINESE SYSTEM AND, IN
PARTICULAR, WITH ARTICLE 67(1) OF THE CHINESE CONSTITUTION WHICH
PROVIDES THE NPC STANDING COMMITTEE WITH THE POWER TO INTERPRET
THE CONSTITUTION AND SUPERVISE NTS ENFORCEMENT'' AND WITH ARTICLE
67(4) WHICH ENABLES THE COMMITTEE TO INTERPRET STATUES.'' MR. JI
ADDED THAT WHETHER THE SAR SHOULD HAVE CERTAIN INTERPRETING POWERS
IN THE COURSE OF IMPLEMENTING THE BASIC LAW WOULD BE STUDIED AT THE
TIME THE LAW WAS ENACTED. MR. LU PNG SAID YN HONG KONG THAT HE
PERSONALLY FELT THE BASIC LAW SHOULD BE SELF-SUFFICIENT**, AND
THAT THE SAR COURTS SHOULD BE ABLE TO TAKE DECISIONS OF FINAL
ADJUDICATION ON THE BASIS OF THE BASIC LAW ITSELF WITHOUT ANY NEED
TO REFER TO THE CHINESE CONSTITUTION.
-3 SECRET
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