CONFIDENTIAL
MDHI
423166
0045
MEDIATION OR EVEN QUASI-JUDICIAL FUNCTIONS. THE MOST COMMONLY EXPRESSED VIEW WAS THAT, AS A FIRST STEP, AN ADVISORY COMMITTEE SHOULD BE ESTABLISHED TO FURTHER HUMAN RIGHTS EDUCATION. THE CS SAID THAT THE ADMINISTRATION SAW ADVANTAGE IN THIS AND WOULD CONSIDER THE PROPOSAL.
(D) EXCLUSION OF INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR)
TWO MEMBERS (TAM YIU-CHUNG AND 'RONALD CHOW) CRITICISED THE GOVERNMENT FOR EXCLUDING ICESCR RIGHTS FROM THE BOR. TAM WHO REPRESENTS THE COMMUNIST-BACKED SECTION OF THE TRADE UNION MOVEMENT, ABSTAINED FROM VOTING ON THE BILL.
(E) CONTINUATION OF THE BOR AFTER 1997
ONE MEMBER (MCGREGOR) EXPRESSED CONCERN OVER THE CONTINUATION OF THE BOR AFTER 1997.
(F) ACCESS TO JUSTICE
IN THE ABSENCE OF A HUMAN RIGHTS COMMISSION, MARTIN LEE PROPOSED THE ALTERNATIVE OF GRANTING PLAINTIFFS WHO FAILED IN ACTIONS UNDER THE BOR IMMUNITY FROM PAYING LEGAL COSTS TO GOVERNMENT UNLESS THEIR CLAIMS WERE FRIVOLOUS AND MALICIOUS. THE ATTORNEY GENERAL RESPONDED BY SAYING THIS WOULD MAKE A NONSENSE OF WELL ESTABLISHED JUDICIAL PRACTICES.
4. THE PRO-CHINA NEWSPAPERS TODAY REPORTED THE PASSAGE OF THE BILL IN A LOW-KEY MANNER WITHOUT MAKING COMMENTS. HOWEVER, IN THE AFTERNOON, NCNA REPORTED THAT A CHINESE FOREIGN MINISTRY SPOKESMAN AT A PRESS CONFERENCE IN PEKING TODAY HAD SAID THAT THE CHINESE SIDE REGRETTED THE PASSAGE OF THE BOR IN SPITE OF THE PRINCIPLED POSITION OF THE CHINESE GOVERNMENT WHICH HAD BEEN STATED ON MANY OCCASIONS. THIS WOULD ADVERSELY AFFECT THE IMPLEMENTATION OF THE BASIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION. CHINA RESERVED THE RIGHT TO EXAMINE, AT AN APPROPRIATE TIME AFTER 1997, THE LAWS CURRENTLY IN FORCE IN HONG KONG, INCLUDING THIS 'BILL OF RIGHTS', IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF THE BASIC LAW. THE SPOKESMAN REITERATED THAT ADEQUATE AND EFFECTIVE GUARANTEES FOR RIGHTS AND FREEDOMS OF HONG KONG RESIDENTS WERE ALREADY WRITTEN INTO THE SINO-BRITISH JOINT DECLARATION AND ENSHRINED IN THE BASIC LAW.
COMMENT
5. THE CHINESE REACTION IS SO FAR FAIRLY MILD. IF ASKED TO COMMENT, WE PROPOSE TO FOLLOW THE LINE TAKEN BY THE CS YESTERDAY
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