ZIDENTIAL
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20
機密
overrides local
us to say
this point (since the Basic Law legislation), it would obviously be unwise for 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. 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
45.
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
46.
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.
47.
Conceptually we draw a distinction between the rights contained in the ICCPR and the ICESCR. The latter are collective rights and the primary obligation of State Parties is to achieve progressively the full realization of the rights. There is no obligation on a a State Party, as there is under the ICCPR, to guarantee individual rights and make sure that when those rights have been violated there is an effective remedy available to the individual.
CONFIDENTIAL
機密