PHGE 11
impact,
we offered to the Ad Hoc Group an amendment to the wording which would make the ambit of Article 22 clear, but the Ad Нос Group prefers to leave the wording of Article 22 as is, because it was reluctant to put a gloss on the Articles.
the legislative Council Ad Hoc Group's position
The Ad Hoc Group has been particularly concerned over the issue of inter-citizen rights, and unanimous
has appeared almost in its opposition to retention of inter-citizen rights of action as presently provided for. Some members would appear however ta
content with retention of inter-citizen rights generally, provided that application of specific Articles to the private sector could be deferred so long as this included Article 14, part of Article 16 and, possibly, Article 22: the majority prefer that the Bill not bind the private sector at all; others feel that if the private sector is to be included, individuals should have to have recourse to a Human Rights Commission before having access to the courts. The Ad Hoc Group, while almost unanimous in asking Administration
to propose changes in respect of inter-citizen rights, has not expressed any firm view as to how this should be handled.
the
The option:
23
There appear to be four major broad options in dealing with inter-citizen rights
(a)
(b)
(c)
(a)
leave the obligations drafted;
between individuals as
exclude or defer the application of certain rights as between individuals (Article 1, 14, 16 and 22); perhaps pending the establishment of a Human Rights Commission OT the enactment of detailed legislation, or both;
exclude all inter-citizen rights and task the Law Reform Commission or a Government working party, to consider how best to protect individuals from violations of the International Covenant on Civil and Political Rights by other individuals; or
exclude all inter-citizen rights from the Bill and without any commitment to introducing specific legislation, or to the establishment of a Human Rights Commission with or without powers to make binding orders, or to an examination by the Law Reform Commission, announcing only an intention to examine the issues further.
CONFIDENTIAL