A
For decision
on 9 January 1990
THE PROBLEM
To
MEMORANDUM FOR EXECUTIVE COUNCIL
A BILL OF RIGHTS FOR HONG KONG
Annex B
XCC (90) 1 Copy N
20
in Pt. Vi
C
-(--)|
a agree
draft Bill
of
Rights, as the basis for
public consultation.
RECOMMENDATION AND ADVICE SOUGHT
2
It is recommended that
-
(a) the Bill together with a commentary (both at
Annex A), be approved
consultation document; and
for
as issue
3
a
(b)
following
period,
approval,
Council.
a
a
final
two-month public
Bill be
consultation
prepared
for
resubmission to Members and, subject to their
introduction into the
Legislative
Members
will
be
asked
to advise
whether
this
recommendation should be approved.
BACKGROUND AND ARGUMENT
4
held on meetings
20 and At
26 September 1989, the Council ADVISED and the Governor ORDERED that, in principle, the drafting of a Bill of Rights for Hong Kong should proceed. was agreed that the Bill should
(a) be
(b)
G
of rights
of capable
being
statement a protected and enforced by an individual through action in the courts;
the
take the form of a short Ordinance giving the
of the law to
provisions force
Covenant on Civil and Political Rights (ICCPR), as far as that is possible;
of International
a specific period which
(c)
allow
during
it would
legislation.
should
be
after commencement not override existing The duration of this period further studied and a re-submission
It
(a)
made to the Council;
not include the provisions of the International
Covenant
Social
Economic, on
Rights (ICESCR), and
CONFIDEN
and Cultural
BAJA SAVE T