GARBEITIAL

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2.

They can on occasion cause embarrassment to

the government through public criticism of governmental

action or legislation.

D. Possible nature and functions of a Hong Kong Human Rights

Commission

1.

If no legislation is adopted specifically

dealing with discrimination or other human rights matters

which might be assigned to the Commission for enforcement,

such a Commission could be limited to the research,

education, study, reporting and commenting functions. Such a commission might involve, for example, a full

time chairman, two part time members, and a staff of

3-5 officers.

2.

A debate over the Bill of Rights and Article

26 of the Covenant may well give rise to suggestions

that Hong Kong should at least go as far as other Commonwealth

jurisdictions and adopt an anti-discrimination law designed

for its own society. If such a law were to be devised,

the Human Rights Commission could be assigned enforcement

responsibility. This would of course have further resource

implications. But it should also be noted that if the

administration of such a law were left to the courts

the costs would almost certainly be greater, including among other things expensive judicial time, formal court room space, and legal aid.

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