In this context it is worth noting that the U.K. Government is considering signing the Optional Protocol to ICCPR which would allow a complainant in Hong Kong direct access to the United Nations Human Rights Committee (UNHRC) in respect of an alleged violation of a provision in the ICCPR. If this were to happen it would provide an an avenue of redress, available when domestic remedies were exhausted.
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Form of the Bill
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Two forms for a Bill of Rights have been identified as feasible for Hong Kong. The first is a short bill which would simply give the provisions of one ΟΙ both of the International Covenants the force of law. The second is a derivative Bill, the precise wording of which would be designed to fit Hong Kong's situation, and to harmonise with the style of Hong Kong's existing legislation.
It might, for example, draw upon
draw upon the International Covenants, other human rights documents.
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as well as
Although the idea of a 'tailor made' Bill. is attractive, the short Bill would be simpler and quicker to prepare. It would also be more acceptable to the Chinese, in that it would simply give effect to provisions which the Chinese have already agreed shall
agreed shall remain in force in Hong Kong after 1997. Giving effect to the actual wording of the International Covenants would, for the same
would, for the same reasons, make it more difficult to justify subsequent amendments to the Bill.
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If the short Bill approach was to be adopted, the judiciary in Hong Kong would be more readily able to look to the determinations of the UNHRC on human rights issues for assistance than if equipped with a
with a Bill of Rights which did not give express effect to the rights contained in the Covenant s or any comparable international document. Failure to do this would mean that a Hong Kong Bill of Rights would be isolated in international legal terms. However, in taking this course, certain rights will not be guaranteed which pressure groups in Hong Kong may well contend should included in a Bill of Rights. These rights include the right to Own property and the right to life (which is recognised at Art. 6 of ICCPR) being expressed so as to exclude capital punishment for a criminal offence.
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Another issue which will have to be addressed is whether the reservations and declarations entered by the UK in respect of Hong Kong (Annex B) could, and if so should, continue in force. We are currently consulting the UKG as to whether all of these would need to be included in the legislation, particularly in relation to reservations
and