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However, this
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interpretation is likely to give rise to questions whether the limitations in the Basic Law on the right of permanent residents with a right of abode in a foreign country
become Leg Co members/Chief Judges/Principal officials would infringe Article 21 would be permissible as reasonable restrictions under the Article. While we feel the Chinese could be reassured on this point (since the Basic Law overrides local legislation), it would obviously be unwise for us
to say publicly that such restrictions in the Basic Law are in our view reasonable. Our public line would therefore have to be that this would be a matter for the SAR courts, and this would give rise to unease in the local community. Further, such a definition would be inconsistent with the ICCPR as applied to Hong Kong. On balance, and taking into account Article 26 in the Basic Law which gives the right to vote and to stand for elections to permanent residents of the SAR, we are of the view that such a definition should not be included.
Other issues
52.
A number of other issues have been raised in the public consultation exercise. Our views are summarised in the following paragraphs.
Exclusion of ICESCR rights
53.
A number of submissions and a few DB members suggested that some or all of the ICESCR rights should be included in a Bill of Rights for Hong Kong.
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