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Human Rights under the Bill of Rights (Chapter XII).
Implementation
are
The BOR came into operation on 8 June 1991. Since then, a number of cases involving BOR points have arisen in
the courts.
The courts have generally demonstrated a sensitivity to human rights issues and have shown that they best placed to monitor implementation of the BOR. As a result of media reports and comments on some of the more significant cases, the public are increasingly aware of the impact of the BOR. To-date, the BOR has not resulted in
any fundamental change in the operation of the legal
system, nor have the courts become clogged with issues raised under the legislation.
This
Chapter
recommendations.
ends
with conclusions and
The five conclusions or recommendations
are set out below with comment-
(a)
"Section 5
be amended
of the Bill of Rights Ordinance should to restrict the power of derogation to emergencies which threaten the life of Hong Kong."
Comment: The reference in section 5 to a threat to
the life of 'the nation' rather than 'Hong Kong'
mirrors the International
Political Rights.
The
adoption of the Covenant's
Covenant on Civil and
reason for a literal
provisions is well
known.
(b)
"The power to extend the
exemption of certain
Ordinances from the Bill of Rights Ordinance for a
second year should not be exercised."