3.2
Questions to
be resolved:
(1)
What
residents'
have
18 the difference and relationship between
of international provisions
covenants and regional statutes as far as their implementation is concerned?
the
(11) Should the
HKSAR pass its own legislation to protect residents' rights prescribed in the two covenants, or is it
appropriate to incorporate these two covenants in
the
the
3.
Residents' Rights
3.1 Focus of discussion:
(1)
Bome
on
There are two distinctly different views rights: Some people think that the existing rights been written into the Draft Basic Law in fairly great detail and are therefore guaranteed; but
the Bee
present provisions as inadequate and therefore cannot protect human rights. Actually. the provisions of the Draft Basic Law have detailed the rights to be protected and have taken into consideration the interests of the various sectors. repeated discussions and amendments over the past two and more, the individual sectors are quite satisfied the provisions that relate to them although they still the need for improvement on minor details. The criticism mainly revolves around some overall problems and the wording of certain articles. There are also misgivings about the implications of these articles. The contention centres on the application of the "International Covenant on Civil and in Hong Kong. Because some of the rights Covenant, such AB the right to life and the right not to be subjected to torture. are not incorporated in the Draft Basic Law, some members of the public think that the rights included in the Draft inadequate.
Political Rights" guaranteed by thie
are
more
Basic Law?
After
years
with
(111) Should the drafting of the
be Basic Law
taken opportunity to broaden the present scope of safeguard?
86
an
Bee
(iv) What freedomB are absolute and therefore should not be
subject to any restriction by law?
(v)
Regarding the rights which shall be excercised in accordance with law. how should they be laid down in order not to produce misgivings? How can we situation
the where
legislature might make use legislative power to curtail certain rights wantonly or them away altogether?
provisions in
avoid the
of
its
take
Focus of discussion:
B.
Economy
4.1
(11) The Draft Basic Law states that the provisions of
international covenante as applied to Hong Kong shall implemented through legislation by the HKSAR. However, people think that this is insufficient and propose that this safeguard be upgraded and directly spelt out in the Basic
these
two
be
Before
some
Law.
(111) Some people think that this safeguard should be broadened in In other words, provisions which are not applicable at present should be made applicable.
scope.
protection
of
with law. the
rights are not residents' rights people'B However, the
(iv) On the question of whether or not the
residents' rights should be in accordance general view 18 that the majority of absolute. In other words, the exercise of should be restricted by law if it affects other rights. public order or public interest. present wording of "in accordance with law" construed to mean that the legislature may at
away
be
could any time take The
the form of
It is also the
the rights in question by means of legislation. technicality of clearly phrasing this concept in a legal provision 18 a much debated issue. focus of discussion of this chapter.
:
of the
of
Opinions"
the "Draft Basic Law for Solicitation was published, there was not much divergence of views among members
public in their discussion of economic issues. The consensus was that the economic prosperity of Hong Kong should be maintained. After the publication of the Draft Basic Law, however, the public strongly objected to the confussion of policy guidelines with legal provisions in this chapter. of the articles.
Contention centred
and
balance Article
on the wording of some These include Article 105. which states that the HKSAR Government shall "maintain a basic between total budgetary revenues
expenditure"; 107. which states that the HKSAR Government shall "practise a low tax policy": Article 124, which states that the HKSAR Government shall "formulate appropriate policles and co-ordinate the development of various trades commerce, tourism. real estate, transport, public utilities, Most people agreed to provisions, but
Basic Law.
the
to promote
Buch as
were
services. agriculture and fishery". the principle and objective behind these objected to the way they were phrased in { They held that the operation of the future HKSAR Government would be in a straitjacket if these policy guidelines accorded the same status ад legal provisions or principles in the Basic Law and the HKSAR Government WAS required to strictly abide by them. Some people said that these policy provisions were simply not feasible. and that they could only serve 88 some objectives.
श
8