SATURDAY, MARCH 31, 1990
- 1 -
BILL OF RIGHTS: DOCUMENT TO ENHANCE HUMAN RIGHTS
* * * * *
RIGHTS WAS TO TRY AND IN HONG KONG IN PHILIP DYKES, SAID
THE TASK FOR DRAFTERS OF THE BILL OF PRODUCE A DOCUMENT THAT WOULD ENHANCE HUMAN RIGHTS
MR GENERAL, THE LONG TERM, ASSISTANT SOLICITOR TODAY (SATURDAY).
ORGANISED BY THE
THE OF THE BILL OF
SPEAKING AT A SEMINAR ON THE BILL OF RIGHTS FACULTY OF LAW OF THE UNIVERSITY OF HONG KONG, MR DYKES EXPLAINED BASIC CONSTITUTIONAL CONSIDERATIONS IN THE DRAFTING RIGHTS.
RIGHTS IS ΤΟ ENHANCE SECURE THEM FOR THE AS PRACTICABLE
"THE PURPOSE OF ANY MEANINGFUL BILL OF THE STATUS OF BASIC RIGHTS AND FREEDOMS AND TO
AND FUTURE GENERATIONS AS FAR BENEFIT OF PRESENT WITHIN A GIVEN CONSTITUTIONAL FRAMEWORK, HE SAID.
AND
SECONDLY, TO MAKE CONSTITUTIONALLY COMPETENT DOCUMENT.
"FAILURE TO DO EITHER OF THESE MEANS THAT
WAY AS FIRST, TO A BILL OF RIGHTS MUST BE DRAFTED IN SUCH A
PURPOSE OF ENHANCING RIGHTS ENSURE THAT THE BILL ACHIEVES ITS
AND
SURE THAT IT FREEDOMS,
ALSO A
IS
BILL OF RIGHTS
-
· IS FLAWED AND THE OBJECTIVE HAS NOT MR DYKES EXPLAINED.
THE PRODUCT
BEEN ATTAINED,
THE
CONSTRAINTS WERE THE EXISTING MR DYKES SAID THAT THE FORMAL LIMITATIONS ON THE POWERS OF THE GOVERNOR AND THE LEGISLATIVE TO ENACT CONSTITUTIONAL LAWS, AND THE BASIC LAW.
COUNCIL
THE REAL PROBLEM WAS ENTRENCHMENT AND THERE WERE BASICALLY OPTIONS FOR ENTRENCHMENT BEFORE 1997.
THE FIRST OPTION WAS TO AMEND THE CONSTITUTIONAL THROUGH INVITE THE UNITED KINGDOM GOVERNMENT TO CREATE COUNCIL OR IMPERIAL ACT A NEW SOURCE OF LEGAL AUTHORITY PLACE THE BILL OF RIGHTS ABOVE ALL OTHER LOCAL LAWS.
THE SECOND WAS TO DEVISE LOCAL CONSTRAINTS FOR THE
OF COUNCIL WHEREBY THE PASSAGE
LEGISLATION WHICH WAS
PROCEDURALLY DIFFICULT WITH THE BILL OF RIGHTS WAS MADE PUBLIC.
TWO
DOCUMENTS OR
AN
IN
ORDER IN ORDER ΤΟ
LEGISLATIVE INCONSISTENT AND HIGHLY
OPTION. BUT THERE
WENT BEFORE WE
ON TO THE BASIC LAWS," MR
"WE WERE NATURALLY ATTRACTED TO THE SECOND WAS A DIFFICULTY RIGHT
OUR ON
DOORSTEP CONSIDER THE COMPATIBILITY OF THIS OPTION WITH DYKES SAID.
ONLY
THE
OWN
HE POINTED OUT THAT UNDER THE COLONIAL LAWS VALIDITY ACT,
ONE THAN
HALF WITH MORE "REPRESENTATIVE"
OF LEGISLATURES
LAWS RELATING TO THEIR MEMBERS ELECTED HAD THE POWER TO ENACT
LEGISLATURES CONSTITUTION, POWERS AND PROCEDURE. "NON-REPRESENTATIVE"
ITS CONSTITUTION WITHOUT SOME WERE INCAPABLE OF CHANGING
EXPRESS
IMPERIAL AUTHORITY.
/SELF-IMPOSED CHECKS