Covenant plainly obliges the State not to enact legislation (enforceable through its courts) which would permit one private party to infringe the rights of another. The Bill of Rights Ordinance falls short of that obligation.
a. I would be grateful for an indication of the steps which you propose to take in order to ensure that Hong Kong law and practice so far as the legislative activities of the State are concerned is in accordance with the United Kingdom's obligations under the Covenant.
b. If you do not propose to take any such steps, I would be grateful for an indication of the reasons why you consider it appropriate to disregard these international obligations.
Thank you for your time and assistance. If you need any further information or clarification of any of these questions, please contact me on (852) 859 2942 (tel) or (852) 559 3543 (fax).
Yours sincerely,
Andrew Bymes
Andrew Byrnes
Lecturer in Law