AIDAFI
A:
BASIC LAW
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1.
Consistency with the Joint Declaration?
As I said in my opening statement, much of the draft reproduces
provisions of the Joint Declaration, often word for word. Other
parts of the text take the Joint Declaration as their starting
point, but there is a need to elaborate on its provisions. Here the
question of consistency is a much more complex one: more than one
assessment may be possible. We do not wish to come to premature
conclusions: we shall be listening carefully to all the views
expressed, in the House and in Hong Kong. So I am sure will the
Chinese authorities.
2. Comments on specific articles of the draft
Some of the noble Lords have raised points of detail on
specific articles of the draft. not respond in similar detail.
I hope they will understand if I do
Some of the issues raised by the
text are highly complex ones. At this early stage we do not think
it would be right to come to a settled view. We wish first to be
able to take into account the whole range of views expressed both in
Hong Kng and on occasions such as this debate. But the comments
which have been made today will be carefully noted by Her Majesty's
Government. We shall ensure that they are also brought to the
attention of the Chinese Government.
3.
Human rights provisions in Basic Law?
We welcome the provision in Article 38 of the draft Basic Law
which stipulates that the provisions of the two International
Covenants on Human Rights shall be implemented in the Hong Kong SAR.
We are aware of concern in Hong Kong that other parts of the draft
may be inconsistent with Article 38. Our impression is that these may not be problems of substance. We think it should be possible to devise drafting improvements which would bring these parts in line
with Article 38. But we shall continue to consider the point
carefully in the light of the views expressed.
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