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Copies of the full texts of the representations have already been circulated.
Deliberations of the Ad Hoc Group
5.
In addition to receiving briefings and representations, the Ad Hoc Group has deliberated on the principles behind the Draft Bill and the implications of the Draft Bill. A working group was established under the Ad Hoc Group to examine from a legal point of view the text of the Draft Bill and the possible implications of the Bill on existing legislation. The main points arising from the Ad Hoc Group's work and the Group's conclusions and recommendations on them are summarized below.
The purpose of the Bill of Rights
6.
In announcing in the House of Commons in July 1989 the intention to introduce a Bill of Rights in Hong Kong as possible, the then Foreign Secretary stated that the Bill of Rights would entrench essential freedoms and would form part of existing law capable of continuing after the transfer of sovereignty. In his Address to the Legislative Council in October 1989, the Governor expanded on this by saying that the proposed Bill of Rights would give effect in local law to the relevant provisions of the International Covenant on Civil and Political Rights, and it would enable persons who believed that their civil or political rights, as defined in the Covenant, had been violated to seek redress in the courts. Both the Governor's Address and the "Commentary on the Draft Hong Kong Bill of Rights Ordinance 1990" (March 1990) made reference to the strong support in the community for the enactment of a Bill of Rights.
7.
The Ad Hoc Group has received no representation opposing the enactment of a Bill of Rights. All representations have taken it for granted that a Bill of Rights should be enacted and have been more concerned with the content of the Bill than with whether or not it should exist. Even organizations that have put forward the view that their existing powers or rights might be affected by the Bill of Rights have not argued that the Bill should not be enacted but have proposed instead that special provisions should be incorporated into the Bill to ensure that these powers or rights are preserved. The Ad Hoc Group notes the general support in the representations for a Bill of Rights. notes the view put forward by an expert that, in addition to enshrining rights and freedoms in a single piece of legislation and providing a means of redress for those who believe their rights have been violated, a Bill of Rights would have an educative effect in changing the attitudes and behaviour of officials and the public and would strengthen the foundations of the existing legal system.
The Group
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