A
For decision
on 9 January 1990
THE PROBLEM
To
CONFIDENTIAL
HKD 2411
RECENF IN REGISTRY
L
JTD 1990
MEMORANDUM FÖR EXECUTIVESUNCIL
A BILL
RIGHTS
Action Taken
A BILL OF RIGHTS FOR HONG KONG
XCC (90)1 40
Copy No...
18.
J's Major
Issential receding!
agree a draft Bill of Rights, as the basis for
public consultation.
RECOMMENDATION AND ADVICE SOUGHT
2
It is recommended that
Au v uscht.
pa BOR.
PM 12/1
(a) the Bill together with a commentary (both at
(b)
Annex A), be approved for issue as a
consultation document; and
following a two-month public consultation period, a final Bill be prepared for resubmission to Members and, subject to their approval, introduction into the Legislative Council.
3
Members will be asked to advise whether this recommendation should be approved.
BACKGROUND AND ARGUMENT
4
At meetings held on 20 and 26 September 1989, the Council ADVISED and the Governor ORDERED that, in principle, the drafting of a Bill of Rights for Hong Kong should proceed. was agreed that the Bill should -
(a) be a statement of rights capable of being protected and enforced by an individual through action in the courts;
(b)
(c)
(a)
the
take the form of a short Ordinance giving the force of law to
provisions of the International Covenant on Civil and Political Rights (ICCPR), as far as that is possible;
allow a specific period after commencement during which it would not override existing legislation.
The duration of this period should be further studied and a re-submission made to the Council;
not include the provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR), and
CONFIDENTIAL
It