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GOVT HOUSE HE

Introduction

*30

3-19 6:02

CONFIDENTIAL

Bill of Rights:

Background Briefing Notes

1. HKC24 / /|

30 MAR 1990

VOFFICER

REGISTRY

يم

PAGE OZ

80

Lee Mr Whitehead

(New

Ms Barrett

Pa NH 19/3

PA

Action Taken

1.

Strong wish in HK

community for human rights to be

given special recognition in law. HK

Government has

prepared draft Bill of Rights to meet this wish.

2.

A major concern is to enact a Bill of Rights which is

capable of continuing in effect beyond the transfer of

sovereignty in 1997. Passing a Bill of Rights now

which would cease to have force after 1997 would have

little point.

3.

In order to remain in effect, the Bill of Rights must

be consistent with the JD and the Basic Law. JD and

draft BL (A39) provide that the International Covenant

on Civil and Political Rights (ICCPR) 'as applied to

Hong Kong shall remain in force and shall be

implemented through the laws of the HKSAR'. So the

ensure compatibility of Bill of Rights

with BL is to make the substance fully consistent with

rue ICCPR as applied to HK.

safest way

to

CONFIDENTIAL

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