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CONFIDENTIAL
BACKGROUND POINTS TO MAKE ON THE BILL OF RIGHTS
1.
OUR OBJECTIVES IN FRAMING THE BILL OF RIGHTS FOR
HONG KONG (THE HONG KONG BILL OF RIGHTS ORDINANCE 1990)
ARE:
TO CEMENT THE PROVISIONS OF THE ICCPR INTO HONG
KONG'S LAWS;
TO MAKE SURE THAT ALL HONG KONG LEGISLATION IS
CONSISTENT WITH THESE RIGHTS; AND
TO MAKE THE RIGHTS JUSTICIABLE IN HONG KONG.
WE BELIEVE THAT WHAT WE PROPOSE WILL ACHIEVE THESE AIMS.
2.
ENTRENCHMENT OF THE PROVISIONS OF THE
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
(ICCPR), AS APPLIED TO HONG KONG, IS TO BE ACHIEVED THROUGH
THE SUPREME CONSTITUTIONAL DOCUMENTS: THE LETTERS PATENT
BEFORE 1997, AND THE BASIC LAW THEREAFTER.
3.
UNTIL NOW THE FORMAL POSITION HAS BEEN THAT THE
:
GOVERNOR HAS BEEN BARRED FROM ASSENTING TO ANY BILL WHICH
IS INCONSISTENT WITH A TREATY OBLIGATION (I.E. INCLUDING
THE ICCPR). IN ORDER TO REINFORCE THIS, A NEW PROVISON WILL
BE INTRODUCED INTO THE LETTERS PATENT MAKING IT CLEAR THAT
THE RIGHTS AND FREEDOMS CONFERRED BY THE BILL OF RIGHTS MAY
NOT BE RESTRICTED IN ANY MANNER INCONSISTENT WITH THE
ICCPR, AS APPLIED TO HONG KONG, AND ONLY BY LAW.
CONFIDENTIAL