WEDNESDAY, JUNE 5, 1991
REFERRING TO THE KEY OBJECTIVES WHICH THE ADMINISTRATION HAD HAD TO BEAR IN MIND IN THE DRAFTING OF THE BILL OF RIGHTS, SIR DAVID SAID: "AT THE END OF THE DAY, I AM SATISFIED THAT IT MEETS THOSE OBJECTIVES, AND IN PARTICULAR THAT IT FAITHFULLY INCORPORATES RELEVANT PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, AS THAT COVENANT IS APPLIED TO HONG KONG.'
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HE POINTED OUT THAT IT WOULD BE AS WELL TO REMEMBER AT TIMES THAT THE COVENANT WAS THE INTERNATIONAL COMMUNITY'S STATEMENT THAT THERE WERE CERTAIN STANDARDS TO WHICH WE SHOULD ADHERE.
"BUT. MORE THAN THAT, THE STANDARDS ITEMISED IN THE COVENANT ARE MERELY THE MINIMUM STANDARDS. COMPLAINTS THAT THE BILL OF RIGHTS MAY IMPACT ADVERSELY ON OUR ABILITY TO TAKE THIS STEP OR THAT ARE THEREFORE TANTAMOUNT TO ASSERTIONS THAT WE SHOULD NOT ADHERE TO THOSE MINIMUM STANDARDS, HE SAID.
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NOTING THAT CONCERNS HAD BEEN EXPRESSED OUTSIDE AND INSIDE THE LEGISLATIVE COUNCIL TODAY THAT THE BILL OF RIGHTS MIGHT HAVE AN ADVERSE EFFECT ON THE EFFICIENCY OF ENFORCEMENT AGENCIES, SIR DAVID POINTED POINT OUT THAT, REGARDLESS OF THE BILL OF RIGHTS, HONG KONG HAD AN INTERNATIONAL OBLIGATION TO ENSURE THAT ITS LAWS WERE IN CONFORMITY WITH THE INTERNATIONAL COVENANT.
"THE
ADMINISTRATION IS VERY CONSCIOUS OF THE NEED TO MAINTAIN THE EFFICIENCY OF THE LAW ENFORCEMENT AGENCIES. BUT WE ARE SATISFIED THAT THE BILL OF RIGHTS WILL NOT DIMINISH OPERATIONAL THIS OR OTHER AREAS, HE SAID.
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EFFICIENCY IN
THE FREEZE PERIOD IN RELATION TO THE SCHEDULE OF ORDINANCES + SAID SIR DAVID WAS DESIGNED TO ALLOW SUFFICIENT TIME TO EXAMINE THESE ORDINANCES AFFECTING LAW ENFORCEMENT AND, SHOULD IT PROVE NECESSARY, ΤΟ REPLACE PROVISIONS SO THAT OPERATIONAL VACUUMS DID NOT ARISE, AND WHICH PROVISIONS WERE AT THE SAME TIME CONSISTENT WITH THE BILL OF RIGHTS AND, CONSEQUENTLY, WITH THE ICCPR.
THE CHIEP SECRETARY RECALLED THAT WHEN HE MOVED THE SECOND READING OF THE BILL, HE POINTED OUT THAT THERE WERE A NUMBER OF COUNTRIES WHERE LAW ENFORCEMENT AGENCIES HAD ΤΟ OPERATE WITHIN CONSTITUTIONAL GUARANTEES FOR BASIC HUMAN RIGHTS AND FREEDOMS. THESE HIGHLY ADVANCED AND CIVILIZED COMMUNITIES WHERE LAW AND ORDER IS MAINTAINED," HE ADDED.
"NOR ARE WE EMBARKED ON SOME UNIQUE ADVENTURE. THERE ARE MANY JURISDICTIONS, PARTICULARLY IN THE COMMON LAW WORLD WITH THEIR OWN CHARTER OF RIGHTS," HE SAID, ADDING THAT IT WAS A FEATURE OF ALMOST ALL COMMONWEALTH JURISDICTIONS.
"THE VALUE OF SUCH LAW IS, I BELIEVE, CLEAR: IT SERVES AS A YARDSTICK, A FOCAL POINT, AND IT IS A VITAL EDUCATIVE TOOL, BRINGING HOME TO THE CONSCIOUSNESS OF PRIVATE INDIVIDUAL AND PUBLIC OFFICIAL ALIKE THE IMPORTANCE OF ESSENTIAL RIGHTS AND FREEDOMS, WHICH IN A FREE SOCIETY WE ARE ALWAYS IN DANGER OF TAKING FOR GRANTED," HE SAID.
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