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7

THURSDAY, OCTOBER 7, 1993

DR HUANG CHEN-YA (THROUGH INTERPRETER): FIRST OF ALL, I WOULD LIKE TO CONGRATULATE THE GOVERNOR ON HIS POLICY ADDRESS. THE ADDRESS WAS VERY ELOQUENT. UNFORTUNATELY, ON THE IMPORTANT ISSUES, THE POLICY ADDRESS DREW A BLANK, AND ON THE CONSTITUTIONAL DEVELOPMENTS, YOU HAVE BACK-PEDALLED ON HUMAN RIGHTS; THERE IS NO PROGRESS ON HUMAN RIGHTS. YOU HAVE NOT SAID ANYTHING CONCRETE. YOU HAVE ONLY SAID THAT THIS ISSUE WILL BE HANDED OVER TO THE SECRETARY FOR HOME AFFAIRS. LEGCO HAS ENDORSED THE IDEA OF A HUMAN RIGHTS COMMISSION BUT THERE IS SILENCE IN YOUR POLICY ADDRESS.

I WOULD LIKE TO KNOW WHETHER THE GOVERNOR THINKS THAT HUMAN RIGHT'S ARE NOT IMPORTANT, OR IT IS NOT WORTH PAYING A GREATER PRICE OR GREATER EFFORTS, THAT IS WHY WE SHOULD NOT NEED SPECIFIC EFFORTS TO SAFEGUARD HUMAN RIGHTS?

THE GOVERNOR:

WHEN I WAS LAST ANSWERING QUESTIONS IN THE COUNCIL, BEFORE WE ALL, OR MOST OF US, HAD A SUMMER HOLIDAY, I THINK I AM RIGHT IN SAYING THAT I HAD A QUESTION FROM THE HONOURABLE MEMBER MR TIEN ABOUT THE ESTABLISHMENT OF A HUMAN RIGHTS COMMISSION, AND I RECOGNISE THAT THERE ARE DEMANDS ON, AS IT WERE, ALL SIDES OF THE COUNCIL FOR SUCH A DEVELOPMENT. I SAY, NOT IN ORDER TO PROVOKE UNREST BUT AS A REASONABLE PASSING OBSERVATION, THAT I THINK IT IS ODD TO ADVOCATE THE ESTABLISHMENT OF A HUMAN RIGHTS COMMISSION AS, AS IT WERE. A POLICEMAN FOR THE BILL OF RIGHTS, AND AT THE SAME TIME TO CRITICISE THE GOVERNMENT FOR FOLLOWING THE BILL OF RIGHTS IN CASES OF THE EMPLOYMENT OF PUBLIC SERVANTS, BUT THAT MAY BE A SUBJECT WHICH COMES UP A LITTLE LATER.

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I DON'T HAVE AS I SAID WHEN I ANSWERED QUESTIONS FROM THE HONOURABLE MEMBER I DON'T HAVE A CLOSED MIND ON THE QUESTION OF A HUMAN RIGHTS COMMISSION. AND IF THE LEGISLATIVE COUNCIL CAN DEMONSTRATE TO THE ADMINISTRATION AND TO THE EXECUTIVE COUNCIL THE POSITIVE ADVANTAGES WHICH WOULD FLOW FROM SUCH A DEVELOPMENT, I WILL BE VERY HAPPY TO LOOK AT THEM. T DO THINK WE NEED TO LOOK AT THE ISSUE OF HUMAN RIGHTS IN THE ROUND, AND TO DEFINE OUR TERMS A LITTLE. I REGARD A FUNDAMENTAL HUMAN RIGHT AS

A FAIRLY FUNDAMENTAL HUMAN RIGHT AS THE CERTAINTY THAT IF YOU TAKE PART IN AN ELECTORAL PROCESS IT IS GOING TO BE A FAIR ELECTORAL PROCESS, AND SO I THLINK THAT THE TALKS THAT WE ARE HAVING ABOUT CONSTITUTIONAL DEVELOPMENT GO RIGHT TO THE HEART OF THE DEBATE ABOUT HUMAN RIGHTS. AND I THINK THIS COUNCIL, AN INDEPENDENT, NOT UNCRITICAL, COUNCIL LIKE THIS ONE, IS ONE OF THE BEST POSSIBLE GUARDIANS OF THE HUMAN RIGHTS OF THE CITIZENS, OF THE PEOPLE OF HONG KONG.

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ONE OTHER THING WHICH I SHOULD TOUCH ON. MANY PEOPLE, MANY PEOPLE IN THIS COUNCIL, MANY PEOPLE OUTSIDE THIS COUNCIL, ARE CONCERNED ABOUT THE HUMAN RIGHTS OF THAT FIFTY PER CENT OF OUR POPULATION WHO HOLD UP "HALF OF HEAVEN" TO BORROW A PHRASE; WORRY ABOUT THE HUMAN RIGHTS OF THE WOMEN OF HONG KONG, AND THAT IS AN ISSUE WHICH WE WILL HAVE TO ADDRESS IN A WAY WHICH SATISFIES THIS COUNCIL WHTEN WE RESPOND TO THE CONSULTATION PROCESS OVER THE GREEN PAPER, AND RESPOND IN PARTICULAR, TO THE DEMANDS FROM THIS COUNCIL AND THE DEMANDS FROM OUTSIDE THIS COUNCIL FOR HONG KONG TO ACCEDE TO CEDAW.

/MR JAMES TO

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