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elsewhere in the PRC.
CONFIDENTIAL
Interpretation of the Basic Law
5.
The Committee expressed the view that Hong Kong people would only have confidence in the maintenance of the laws existing before the creation of the Hong Kong Special Administrative Region if there was a Joint Constitutional Court situated in Hong Kong to interpret
Hong Kong laws (paragraph 2.8). This idea was indeed canvassed but
did not find favour with the Basic Law Drafting Committee. The
Basic Law is not only a law for Hong Kong but is also a law for the People's Republic of China and under the Chinese Consititution the power to interpret such laws is vested in the Standing Committee of the National People's Congress. However, a wide power of interpretation is vested in the SAR courts and, in those cases where
the Standing Committee of the National People's Congress exercises its powers of interpretation, Article 158 of the Basic Law requires it first to consult the Hong Kong Special Administrative Region's
Basic Law Committee. Half the members of this Committee will come
from Hong Kong.
Human Rights
6. The Committee recommended that the Hong Kong Government should
introduce a Bill of Rights as soon as possible (paragraph 2.11).
The Hong Kong Government have now done so. A draft Bill of Rights
was published on 16 March for a two month period of public consultation. The Hong Kong Government intend to introduce
legislation into the Legislative Council by July 1990.
7. The Bill is designed to give effect in local law to the relevant provisions of the International Covenant on Civil and Political
Rights as applied to Hong Kong. This would enable those who claim that their civil or political rights as defined in the relevant provisions of the Covenant have been violated to seek redress in the
local courts. Consideration is being given to ways of ensuring that, during the period up to 1 July 1997, the rights and freedoms
CATAAU (3)
CONFIDENTIAL