For decision
CONFIDENTIAL
on 23 January 1990
XCC (90) 9
Copy No..
2.9..
MEMORANDUM FOR EXECUTIVE COUNCIL
A BILL OF RIGHTS FOR HONG KONG
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C
THE PROBLEM
At
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the meeting held on 9 January 1990, Members considered memorandum XCC (90) 1 (at Annex C) which proposed that a draft Bill of Rights should be issued as the basis for public consultation.
Members requested that further consideration should be given to ensuring that the Bill has a superior status in relation to other local legislation.
A number of other points were raised for clarification, and it was agreed that the proposals should be resubmitted to Members on 23 January 1990.
RECOMMENDATION AND ADVICE SOUGHT
2
It is recommended that
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(a) the Bill together with a commentary (at Annex A to memorandum XCC (90)1, be approved for issue as a consultation document subject to the following amendments -
A
(i)
3
(b)
inclusion
of a new
Clause 3A (Annex A) every Ordinance
which provides that enacted subsequent to the Bill of Rights shall be construed, where possible, as being subject to the Bill;
(ii) inclusion of a revised Clause 3 (Annex B), which now includes a provision similar to Clause 3A in respect of existing Ordinances;
(iii) changing the heading to Clause 4 of the
Bill.
following a two month public consultation period, a final Bill be prepared for resubmission to Members and, subject to their approval, introduction into the Legislative Council; and
-C
(c)
a practice be adopted to include express provision in all future legislation stating that the legislation is subject to the Bill of Rights.
CONFIDENTIAL