advise on whether this
4
On
10 July 1990, after considering memorandum XCC (90) 100, the Council advised and the Governor ordered, inter alia, that a Hong Kong Bill of Rights Bill 1990 should be introduced into the Legislative Council on 25 July 1990. Members requested, however, that a further submission should be made to the Council on 17 July 1990 on the following issues
(a)
-
modification of clause 2 (3) of the Bill "Interpretation", in order to take account of both the legal and political dimensions. On the one hand, giving clear direction to local courts to have regard to the international origins of statutes and the useful views and comments of the United Nations Human Rights Committee and to the judgments of the European Court of Human Rights; whilst on the other, taking into consideration likely
Chinese by
concern
over
"internationalization" directing local courts to have regard to the judgments of courts outside Hong Kong. The risks associated with incorporating into Hong Kong law, the practices of another society, as reflected
the
of
in
judgments international/European courts, should also be
examined;
(b) the
problems associated with deferring the imposition of all obligations between individuals until specific legislation on privacy,
information and
right
of
non-discrimination is ready or in respect of privacy only, should be more clearly
identified.
with
The
interested business sector latter's 16 and 22.
specific
Administration should meet representatives of the to try to identify the concerns about Articles 14, In addition, the issue as to whether individuals require protection against other individuals as opposed to the state, and if so, the extent to which these rights should be enforceable, should be further examined. The position in other countries should also be
explored;
•