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(a)
(b)
17.
it requires the Letters Patent to endorse a particular measure of the local legislature (the Bill);
it does not mirror Article 39 of the Basic Law. The more the current arrangements can approximate to the Basic Law, the more difficult it will be for the Chinese to dispute them.
I therefore suggest that we should amend the Letters Patent by replacing Article VII (2) as follows:-
(B)
"(2) (1): -
(a)
(b)
Without prejudice to the generality of paragraph
the provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong shall be implemented in Hong Kong through laws [and the Governor, by and with the advice of the Legislative Council, shall make laws accordingly]; no law of Hong Kong shall restrict the rights and freedoms enjoyed in Hong Kong in a manner which is inconsistent with that Covenant as applied to Hong
Kong;
a law of the Colony may provide present Article VII (2)]".
Basic Law: Articles 24 to 38
18.
[as in the
B)
This minute does not consider the relationship between the Bill of Rights and Articles 24 to 38 etc of the Basic Law. That needs to be done.
19.
I should add that I have been greatly assisted in preparing this minute by Ms Barrett, but she is not responsible for (all) the views or advice in it.
pf
Paul Fifoot
Legal Advisers
10 May 1990
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