CONFIDENTIAL

32

-

機密

73.

of

In view of the proposal to defer the commencement Articles 14 and 16 (which give rise to inter-individual rights) in respect of private individuals until the enactment of specific legislation (para.

major

),

the need for arbitration and mediation would not arise upon the enactment of the BOR. considered, and, if justified, legislation to be developed.

Such а role should be provided in the specific

We will give further

consideration to the setting up of a special body on human rights and its status, terms of reference, power and modus operandi. We will also consider giving the functions described in (a) above to the Committee on the Promotion of Civic Education in the meantime. One factor to be taken into account is the likely Chinese objection to such a move since they would see it as an attempt to curtail CPG's powers in dealing with emergencies and subversion (Basic Law Articles 18 and 23). A further submission will be made on this suggestion.

Amendments to the Letters Patent

74.

The purpose of seeking an amendment to the Letters Patent is to entrench in domestic law the ICCPR as applied to Hong Kong. The effect of the amendment sought will be a constitutional requirement that no law which restricts the rights and freedoms of persons in Hong Kong can be validly enacted by the Governor and Legislative Council if the law is inconsistent with the provisions of the ICCPR as applied to Hong Kong.

75.

The text of the proposed Letters Patent amendment has yet to be finalised with the FCO. It will therefore probably not be possible

to

announce

the text of the

機密

32

CONFIDENTIAL ##

Share This Page