1989-03-20
13:44
G.L.S
rights that's in the draft Basic Law.
33 P.16
24 to 422
Governor:
provisions
rights
in
Hong
What
the human I would say on this is that of the Basic Law is some thing to which people Kong attach an enormous amount of importance. And again this is one of much discussed the parts of the first draft of the Basic Law which was in Hong criticism
Kong.
During that discussion there was
a
good
deal
Covenant.
A
DOW
deal
of article 39 which relates to the international It lays down very clearly, and this is reflecting precisely what's the Joint Declaration, that the international covenant as applied
continue to apply in Hong Kong, But there was then a good shall of criticism of a succeeding paragraph which laid down how there could be
from
international that, not precisely in the terms of the covenant themselves. The second draft as I see it has sought to Crack that particular problem. so that the second paragraph of laid down that any restriction on freedoms shall the
provisions of the preceding paragraph. i.e. the one down that the international covenants shall continue to apply.
now
article 39
not contravene
The Secretary this morning made
JJJ
which Lays
reference
before
that one of the possible ways forward to underpin all this would be to
a Bill of Rights in Hong Kong, enact that Bill of Rights
this very much on the card? Is it uppermost in Government's thoughts at the moment. I mean?
have 1997.
Is
Governor:
TO
Hong
Rang
It's certain one of things that we would look at, because the draft of the Basic Law says açain !
and they 39. that the international covenants shall remain in force shall be implemented through the laws of the Hong Kong SAR. Now at the
the
moment
in
are
force
they and
SI laws.
are
through
bre
3
in international covenants implemented
a variety of ways. either through administrative practics or through the common law system. So. the questions that we shall have to deal with if the Basic Law is drafted, should
bring in
which includes legislation international covenants themselves. That's certainly something that we shall want to look at.
we
The
0:
Would it be a good confidence-building
to have this written in and then carried through 1997.
measure
Governor:
That's certainly a vary plausible argument it's that sort of the way that we shall be looking at.
Q
But they could obiect.
But why they should object. because
and
the Basic
Governor:
Law itself laid down that these covenants shall be implemented through the laws of the Hong Kong SAR.
15