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THURSDAY, NOVEMBER 30, 1989-
THE AS
INTERNATIONAL
ON COVENANT
IN THE EXPERTISE UPON WHICH
"THE THIRD REASON IS THAT, CIVIL AND POLITICAL RIGHTS HAS BEEN ADOPTED BY MANY COUNTRIES UNITED NATIONS, THERE ARE AMPLE PRECEDENTS AND HONG KONG COULD DRAW, MR MATHEWS SAID.
OF THOUGHT ON THE SUGGESTION
HE SAID THERE ARE TWO SCHOOLS THAT THERE SHOULD BE A HUMAN RIGHTS COURT.
ARE
HUMAN RIGHTS COURT IS THAT THE ARGUMENT FOR ESTABLISHING A PROBLEMS OF HUMAN RIGHTS WOULD BE BETTER DEALT WITH BY JUDGES WHO EXPERTS IN THIS FIELD AND SYMPATHETIC TO HUMAN RIGHTS ISSUES.
THAT 1T BULK OF OUR JUDGES SO FUNDAMENTAL AS HUMAN RIGHTS
THE ARGUMENT AGAINST ESTABLISHMENT OF SUCH A COURT IS WOULD NOT NECESSARILY BE HELPFUL TO EXCLUDE THE FROM MAKING DECISIONS ON SOMETHING WHICH OUGHT TO BE A MAINSTREAM JUDICIAL ACTIVITY.
IS OTHERS,
LIKELY TO BE
UP THROWN "THIS ISSUE. WITH MANY
AND IS ONE DURING THE COURSE OF THE PUBLIC CONSULTATION OF THE BILL
VERY CAREFUL CONSIDERATION." HE TO WHICH THE GOVERNMENT WOULD GIVE SAID.
OR
MR MATHEWS SAID THE BILL, ONCE IN FORCE, WILL EITHER REPEAL RENDER INOPERATIVE ALL PREVIOUS LAWS FOUND TO BE INCOMPATIBLE WITH IT.
IT THE BILL,
IN VIEW OF THE TIMETABLE SET FOR THE ENACTMENT OF THE BILL, IS PROPOSED TO HAVE A "FREEZE" PERIOD AFTER THE PASSAGE OF DURING WHICH NO EXISTING LAWS CAN BE STRUCK DOWN.
"THIS WOULD ALLOW US TIME TO CONTINUE TO
REVIEW ALL EXISTING
LAWS TO IDENTIFY AREAS OF DOUBT,
"
HE SAID.
+
LAWS. ALL NEW
BUT THIS 'FREEZE" WOULD ONLY APPLY TO EXISTING LAWS MADE AFTER THE BILL IS ENACTED WOULD BE SUBJECT TO IT.
"IN OTHER WORDS, THE BILL OF RIGHTS WOULD BE A LIVING LAW THE START, HE SAID.
++
MR MATHEWS NOTED THAT ONE OF THE BILLS OF RIGHTS IS THAT THEY ARE
FROM
CRITICISMS ADVANCED AGAINST AND GENERAL. THIS HAS THE
AS
THERE
SOME DISADVANTAGE,
IS THAT WOULD
IT, UNCERTAINTY AS TO THE SCOPE AND MEANING OF THE LAW AT ANY GIVEN TIME.
SOME
VAGUE DESCRIBE
PERSONS WITH "BUT ON THE OTHER HAND IT GIVES
GRIEVANCES THE THE COURTS. THE ANSWERS CHANCE TO ARGUE THEIR CASE FOR A REMEDY IN
OF SOCIETY, GIVEN BY THE JUDGES WILL REFLECT THE CHANGING ATTITUDES HE SAID.
THE
GOVERNMENT AIMS TO PUBLISH A CONSULTATION BY THE END OF DECEMBER.
WHITE
BILL
FOR PUBLIC
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