I
تنا
WEDNESDAY, JULY 25, 1990
**WE
LEGISLATION THE BILL.
**WE
SHOULD,
PROPOSE THAT THERE SHOULD BE A BLANKET FREEZE ON EXISTING FOR ONLY ONE YEAR INSTEAD OF TWO AFTER THE ENACTMENT OF
FURTHER
PROPOSE THAT DURING THIS PERIOD, THE COUNCIL FOLLOWING CONSULTATION WITH THE ADMINISTRATION, DECIDE WHICH PROVISIONS OF OUR ORDINANCES SHOULD BE FROZEN FOR ANOTHER YEAR OR SUCH LONGER PERIOD AS THIS COUNCIL MAY, BY RESOLUTION, DETERMINE.
"TO AVOID ANY DOUBT, WE ALSO RECOMMEND THAT THE BILL SHOULD MAKE IT CLEAR THAT THE FREEZE WILL ALSO COVER ACTS DONE UNDER EXISTING STATUTORY POWERS INCLUDING THE EXERCISE OF DISCRETIONARY POWERS HE ADDED.
"THE ADMINISTRATION REMAINS COMMITTED TO FULL APPLICATION OF THE BILL OF RIGHTS AT THE EARLIEST POSSIBLE DATE.
IN
BE
TO
THE CHIEF SECRETARY POINTED OUT THAT A NUMBER OF PROVISIONS THE BILL FOLLOWED THE ICCPR IN ALLOWING RIGHTS AND FREEDOMS RESTRICTED ON THE GROUNDS OF "NATIONAL SECURITY" OR TO PROTECT "THE LIFE OF THE NATION".
THE
WHITE BILL DEFINED THESE TERMS AS INCLUDING THE SECURITY AND LIFE OF HONG KONG,
THERE HAD BEEN SUGGESTIONS TO SUBSTITUTE THEM WITH "SECURITY OF HONG KONG" AND "LIFE OF HONG KONG" RESPECTIVELY.
"THESE FORMULATIONS WOULD, HOWEVER, PERMIT THE RESTRICTION RIGHTS IN CIRCUMSTANCES WHICH AFFECT ONLY HONG KONG, THEREBY THE SCOPE FOR RESTRICTION ALLOWED BY THE ICCPR.
OF
WIDENING
"IT WOULD THEREFORE BE INCONSISTENT WITH THE ICCPR. WE HAVE THEREFORE CONCLUDED THAT THE LANGUAGE OF THE ICCPR SHOULD BE ADOPTED IN THE BILL, SIR DAVID.
rt
SIR DAVID NOTED THAT SOME MEMBERS OF THE PUBLIC HAD COMMENTED THAT THE PHRASE "THE RULES OF INTERPRETATION APPLICABLE
OTHER MIGHT BE DISREGARDED" IN CLAUSE 2(3) OF ORDINANCES
THE WHITE MIGHT BE SEEN AS ADVOCATING A DEPARTURE FROM ESTABLISHED PRACTICE AND COULD BE CONTRARY TO THE JOINT DECLARATION AND THE LAW.
TO
BILL
LEGAL
BASIC
+
"WE HAVE NOW DELETED THESE REFERENCES FROM THE CLAUSE, HE SAID.
"FURTHERMORE, GIVEN THE PROVISION IN THE CLAUSE THAT THR
OF PURPOSE
THE THE BILL IS TO IMPLEMENT THE RELEVANT PROVISIONS OF
REFERENCE ICCPR IN HONG KONG, WE BELIEVE COURTS WILL MAKE APPROPRIATE
IN OTHER JURISDICTIONS RELATING TO THE TO DECISIONS
ICCPR TO HELP INTERPRET AND APPLY THE BILL OF RIGHTS.
"WE HAVE THEREFORE DECIDED IT IS UNNECESSARY TO RETAIN 2(3)(B) OF THE WHITE BILL," THE CHIEF SECRETARY SAID.
CLAUSE
/THE CHIEF