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1.
Proposals of the Legal Sub-group of PWC
Following is the speech by the Secretary for Home Affairs, Mr Michael Suen, at the motion debate on the proposals of the Legal Sub-group of the Preliminary Working Committee in the Legislative Council today (Wednesday):
Mr President,
It is clear from today's debate and the response across the community that the proposals of the legal sub-group of the Preliminary Working Committee (PWC) have given cause for deep concern among many people in Hong Kong. Many Members speaking today, the Hong Kong Bar Association, the Hong Kong Law Society, the Hong Kong Journalists Association and many other groups and individuals have offered a chorus of support for the Bill of Rights Ordinance (BORO).
The British and Hong Kong Governments share these sentiments and have taken every opportunity to reflect to China the depth of the community's concern and our views on the mistaken nature of the PWC's proposals. The matter has been raised not only in the Joint Liaison Group (JLG) but also with the Chinese authorities through other diplomatic channels and during the visit of the Attorney General to China. It will continue to be pursued through both formal and informal channels.
Consistency with the Basic Law and the Joint Declaration
The Government is in no doubt that the BORO and the laws which have been amended are fully consistent with the Joint Declaration and the Basic Law.
The BORO was drawn up in full knowledge of the provisions of the Basic Law. Both the Joint Declaration and Basic Law stipulate that the International Covenant on Civil and Political Rights (ICCPR) as applied to Hong Kong shall remain in force after 1997. Moreover, Article 39 of the Basic Law states that the provisions of the ICCPR as applied to Hong Kong shall be implemented through the laws of the Hong Kong Special Administration Region. This is precisely what the BORO does it provides for the incorporation into the law of Hong Kong of the provisions of the ICCPR as applied to Hong Kong. It follows that the BORO is fully consistent with Article 39 of the Basic Law.
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