EVALUATION OF LAWS AND POLICIES
I
5
WEDNESDAY, JULY 14, 1993
AWARE
CONCERNING THE EVALUATION OF LAWS, MANY MEMBERS ARE WELL THAT THE GOVERNMENT IS CONDUCTING AN ON-GOING REVIEW OF LEGISLATION IN THE LIGHT OF THE BILL OF RIGHTS. SINCE THE ENACTMENT OF THE BILL RIGHTS IN JUNE 1991, TWELVE AMENDMENT BILLS HAVE ALREADY BEEN ΤΟ
EXISTING LEGISLATION INTO LINE WITH THE BOR. BRING AMENDING BILL, NAMELY, THE INLAND REVENUE
ONE
OF ENACTED FURTHER
13 WE SHALL
BILL, { AMENDMENT) EXPECTED TO HAVE ITS THIRD READING NEXT WEDNESDAY 21 JULY. BE COMPLETING OUR PREPARATIONS FOR AMENDING THE PUBLIC ORDER ORDINANCE BARLY IN THE NEXT COUPLE OF WEEKS AND WILL INTRODUCE AMENDMENTS TO IT IN THE NEXT LEGISLATIVE SESSION. THE SUMMARY OFFENCES ORDINANCE WILL THE GOVERNOR IN BE
ALONG WITH THE PUBLIC ORDER ORDINANCE. AMENDED COUNCIL WILL ALSO BE ASKED TO AMEND THE PRISON RULES AND MENTAL HEALTH REGULATIONS IN THE NEXT FEW MONTHS. THREE OTHER AMENDING BILLS ARE EXPECTED TO BE INTRODUCED INTO THIS COUNCIL IN 1993-94.
IN THE CONTEXT OF THE SEPARATE BUT RELATED REVIEW OF LAWS WHICH MIGHT AFFECT PRESS FREEDOM, THE GOVERNMENT HAS ALSO IDENTIFIED A
OR NUMBER
WHICH OF LEGISLATIVE PROVISIONS WHICH ARE EITHER OBSOLETE
SOON SEEM AT ODDS WITH THE BOR. THESE WILL BE REPEALED OR AMENDED AS AS THE LEGISLATIVE PROGRAMME ALLOWS.
AND
WE APPRECIATE MEMBERS' WISH TO SEE A FASTER PACE OF REVIEW AMENDMENT OF LEGISLATION. BUT ONLY THE COURTS CAN DETERMINE WHETHER A PARTICULAR PROVISION IS INCONSISTENT WITH THE BOR. UNLESS THERE IS A COURTS CLEAR CASE OF INCONSISTENCY WE WOULD NOT WANT TO PRE-EMPT THE BY JUMPING TO CONCLUSION. THE NEED FOR CAUTION IS MADE MORE EVIDENT BY THE FACT THAT HUMAN RIGHTS LAW IN HONG KONG IS NEW AND DEVELOPING. THE PRIVY COUNCIL HAS URGED THAT BOR ISSUES BE APPROACHED WITH REALISM AND GOOD SENSE AND BE KEPT IN PROPORTION, OR THE BILL MIGHT BECOME SOURCE OF INJUSTICE RATHER THAN JUSTICE. THE REVIEW OF LEGISLATION
NOT LEND A IMED AT FINDING THAT BALANCE. SUCH A DELICATE TASK DOES
то ITSELF
CAN EXCESSIVE HASTE. BESIDES,
PROGRAMME THE LEGISLATIVE ONLY TAKE ON SO MUCH EVERY YEAR. EXAMINING CORRESPONDING POLICIES AND THE NEED FOR OPERATIONAL CHANGES CAN ALSO BE TIME-CONSUMING.
THE
A
IS
THAT A
ON FOR
THIS BRINGS ME TO THE QUESTION OF MEMBERS' SUGGESTION HUMAN RIGHTS COMMISSION SHOULD ALSO PERFORM THE FUNCTION OF EVALUATION BODIES ARE OF POLICIES. MY RESPONSE TO THAT IS THAT, WHILE OUTSIDE NOT PREVENTED FROM EVALUATING GOVERNMENT POLICIES INDEED, WE ALREADY HAVE A NETWORK OF ADVISORY BODIES TO ADVISE THE GOVERNMENT POLICIES, E.G.
THE LAW REFORM COMMISSION
RESPONSIBILITY REVIEWING AND INTRODUCING ANY CHANGES TO SUCH POLICIES ULTIMATELY
THE GOVERNMENT. WITH RESTS
REVIEW WE DO CONSTANTLY
OUR POLICIES, AND ARR PUBLICLY HAVING AN IMPACT ON HUMAN RIGHTS, INCLUDING THOSE
THIS ACCOUNTABLE FOR THEM. THE 'CHECKS AND BALANCES' ARE PROVIDED BY COUNCIL.
/MONITORING GOVERNMENT