CONFIDENTIAL
056273 MDHOAN 8087
THE PEOPLE'S REPUBLIC OF CHINA.
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. THIS COMMITTEE WILL COME FROM HONG KONG. HUMAN RIGHTS
HALF THE MEMBERS OF
,
5. AS RECOMMENDED BY THE COMMITTEE (PARAGRAPH 2.11) THE HONG KONG GOVERNMENT PUBLISHED A DRAFT BILL OF RIGHTS ON 16 MARCH FOR A TWO MONTH PERIOD OF PUBLIC CONSULTATION. THEY INTEND TO INTRODUCE LEGISLATION INTO THE LEGISLATIVE COUNCIL BY JULY 1990. 6. 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 COVENANT HAVE BEEN VIOLATED TO REDRESS IN THE LOCAL COURTS. CONSIDERATION IS BEING GIVEN TO WAYS IN WHICH, DURING THE PERIOD UP TO 1 JULY 1997, THE PROVISIONS OF THE BILL OF RIGHTS WILL PREVAIL OVER OTHER AND LATER LEGISLATION IN HONG KONG SO THAT RIGHTS AND FREEDOMS CONFERRED BY THE BILL ARE NOT SUBSEQUENTLY RESTRICTED IN A MANNER INCONSISTENT WITH THE COVENANT. AFTER 1997, ARTICLE 30 OF THE BASIC LAW WILL ITSELF RESTRICT THE POWERS OF THE SAR LEGISLATURE TO DEROGATE FROM THE RIGHTS AND FREEDOMS ACCORDED BY THE COVENANT AS APPLIED TO HONG KONG. THIS ARTICLE PROVIDES THAT THE PROVISIONS OF THE COVENANT AS APPLIED TO HONG KONG 'SHALL REMAIN IN FORCE AND SHALL BE IMPLEMENTED THROUGH THE LAWS OF THE HONG KONG SPECIAL
ADMINISTRATIVE REGION.' FREEDOMS SO ENJOYED SHALL NOT CONTRAVENE
THAT PROVISION.
7. THE COMMITTEE ALSO RECOMMENDED THAT THE HONG KONG GOVERNMENT REVIEW EXISTING LAWS TO IDENTIFY AREAS IN POSSIBLE BREACH OF THE INTERNATIONAL COVENANTS. SUCH A REVIEW IS IN HAND: AND IT IS PRESENTLY INTENDED THAT, ONCE THE BILL OF RIGHTS IS ENACTED, THERE SHOULD BE A FREEZE PERIOD DURING WHICH ANY PROVISION IN AN EXISTING LAW WHICH PLAINLY CONFLICTS WITH THE COVENANTS MAY BE
REPEALED.
HURD
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