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Meno. for Zele xcc (87) 123. The decision on
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EZLCUTIVE COUNCIL DECISICE CH 20.9.6S
A BILL OF LICHTS FCE BONG KONG: XCC(29)123
COMMENTARY
(a)
(0)
(c)
20.9.87
There should be no doubt that enactment of a Bill of Fights would produce a new form of jurisprudence in Hong Kong and inevitably lead to challenges to existing legislation.
A Bill 01 Rights was seen by many as offering a further degree of human rights protection aiter 1997.
Discussions were continuing between HKC and FCC as to whether FIG should sign the Cptional Protocol to the International Covenant on Civil and Folitical Rights (ICCPR). It was noted that unless China signed the ICCPR and applied the Protocol to Hong Kong, the acditional avenue of address redress would not be available in Hong Kong after 1997.
(d) It was for consideration, whether by achieving compatibility between existing legislation and a Bill of Rights, the
would
lose
too
much
Administration authority, essential for the smooth running of Hong Kong.
the
(e) Irrespective of the need to enact a bill of Rights, a review was required of many of the powers currently exercised by Administration, many cf which had been granted â long time ago to deal with different problems in a very different society.
(£) The Bill of Rights should not conflict with
the Joint Declaration.
future
The
application in Hong Kong of current UK ICCPR required careful
reservations examination.
to
CONFIDENTIAL
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