WEDNESDAY, JUNE 5, 1991
BILL OF RIGHTS TO IMPLEMENT OBLIGATIONS UNDER HK'S DOMESTIC LAW
**
THE HONG KONG BILL OF RIGHTS BILL 1990 DOES NO MORE THAN IMPLEMENT IN READILY ACCESSIBLE FORM THOSE OBLIGATIONS AS A CLEAR PART
HONG KONG'S DOMESTIC LAW, THE CHIEF SECRETARY, THE HON FORD SAID TODAY (WEDNESDAY) IN THE LEGISLATIVE COUNCIL.
SIR DAVID
SPEAKING AT THE SECOND READING DEBATE ON THE BILL, THE CHIEF SECRETARY POINTED OUT THAT THE AMENDMENTS TO BE MOVED DURING THE THE COMMITTEE STAGE REFLECTED THE RESULTS OF THOSE DISCUSSIONS AND OF FULL CONSIDERATION GIVEN BY THE ADMINISTRATION TO REPRESENTATIONS RECEIVED SINCE THE BILL WAS INTRODUCED TO THE LEGISLATURE IN JULY 1990.
SIR DAVID SAID THE ADMINISTRATION HAD PAID CAREFUL ATTENTION TO THE CONTENTIONS OF DISPARATE GROUPS, INCLUDING THOSE EAGER FOR A BROADER STATEMENT OF RIGHTS; AND THOSE WHO HAD ARGUED FOR LIMITED APPLICATION; THOSE CONCERNED LEST THE BILL OF RIGHTS BE GIVEN A STATUS SUPERIOR TO HONG KONG'S LAWS, COMPETING IN PROMINENCE WITH THE LETTERS OTHER PATENT, OR AFTER 1997 WITH THE BASIC LAW; AND THOSE WHO, ON THE HAND, WHO POINTED TO THE SPECIAL STATUS NORMALLY GIVEN TO INSTRUMENTS OF THIS NATURE.
"WE ARE AWARE TOO THAT THERE ARE THOSE WHO SAY THAT SUCH A BILL IS UNNECESSARY, AND OF THOSE WHO ON THE OTHER HAND COMPLAIN THAT IT IS LONG OVERDUE AND IN ANY EVENT IS ENCUMBERED BY RESERVATIONS AND A FREEZE, HE SAID.
THAT IN ANSWER TO THESE COMPETING VIEWS, SIR DAVID POINTED OUT
LAW то SINCE 1976, HONG KONG HAD HAD AN OBLIGATION IN INTERNATIONAL GIVE EFFECT то THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.
"THAT OBLIGATION EXISTED BEFORE THE JOINT DECLARATION AND LONG BEFORE PROMULGATION OF THE BASIC LAW," HE SAID.
ΤΟ
HE POINTED OUT THAT ALTHOUGH IT WAS POSSIBLE TO GIVE EFFECT THE INTERNATIONAL COVENANT THROUGH VARIOUS LAWS, THE INTERNATIONAL OBLIGATION, HIGHLIGHTED BY THE JOINT DECLARATION AND THE BASIC LAW, WAS MORE READILY GIVEN CLEAR EFFECT BY A LAW OF THIS KIND.
"THESE TWO 1NSTRUMENTS HAVE HIGHLIGHTED THE INTERNATIONAL OBLIGATION, AND INDEED THE BILL OF RIGHTS DOES NO MORE THAN IMPLEMENT
OF READILY ACCESSIBLE FORM THOSE OBLIGATIONS AS A CLEAR PART DOMESTIC LAW, HF SAID.
IN
CE
OUR
A
SJR HOWEVER,
DAVID SAID THERE HAD BEEN GROWING TN COMMUNITY, THE DESIRE FOR A LAW OF THIS KIND AND THAT MOMENTUM CAME AT WHEN THE TIME
AND WHEN REPRESENTATIVE GOVERNMENT WAS DEVELOPING
WERE COMMUNITY WAS GIVING GREATER VOICE TO THOSE ASPIRATIONS COMMON TO ALL SOCIETIES IN THE THROES OF SUCH EVOLUTION.
THE
WHICH
"A BILL OF ASPIRATIONS," HE SAID.
RIGHTS
WAS
A
NATURAL
CONSEQUENCE
OF
THOSE
/SIR DAVID