XN000022-1989-11-30 — Page 2

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THURSDAY, NOVEMBER 30, 1989

BILL OF RIGHTS A LAW OF THE GREATEST SIGNIFICANCE: AG

THE BILL OF RIGHTS WILL BE A LAW OF THE GREATEST TO US ALL, THE ATTORNEY GENERAL, MR JEREMY MATHEWS, (THURSDAY).

SIGNIFICANCE

SAID TODAY

SPEAKING AT THE ANNUAL DINNER OF THE HONG KONG INSTITUTE OF CHARTERED SECRETARIES AND ADMINISTRATORS, MR MATHEWS SAID THAT THE BILL OF RIGHTS WILL, BY BEING PART OF OUR OWN

LAW, PROVIDE A CLEAR

CODE TO THE GOVERNMENT AND TO CIVIL SERVANTS AS TO A WHOLE RANGE OF PRINCIPLES THAT MUST DETERMINE ALL THEIR ACTIONS AND THE WAY THEY CARRY OUT THEIR TASKS.

IT WILL ALSO PRESENT A CHALLENGE TO THE JUDGES AND THE LAWYERS, HE SAID.

"THE GREATEST IMPACT WILL BE ON YOU, THE PEOPLE OF HONG KONG. YOU WILL HAVE THE SECURE KNOWLEDGE THAT THE RIGHTS AND FREEDOMS THAT WE SO CHERISH ARE ENSHRINED IN A BILL OF RIGHTS, PROTECTED BY AN INDEPENDENT JUDICIARY AND FEARLESS LAWYERS, AND FULLY RECOGNISED AND SUPPORTED BY THE GOVERNMENT," MR MATHEWS SAID,

HE SAID THAT THE MODEL FOR THE BILI OF RIGHTS IS THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.

SOME OF THE IMPORTANT HUMAN RIGHTS SET OUT IN THE COVENANT INCLUDE PROVISIONS ON THE RIGHT TO LIBERTY AND SECURITY OF PERSON AND ON ARREST AND DETENTION; RECOGNITION AND EQUALITY BEFORE THE LAW AND FAIR TRIAL; EXCHANGE OF INFORMATION AND IDEAS; FREEDOM OF ASSEMBLY; AND FREEDOM OF ASSOCIATION,

HE SAID THE COVENANT ALSO CONTAINS MANY OTHER IMPORTANT RIGHTS AND FREEDOMS SUCH AS RIGHTS AFFECTING THE FAMILY, RIGHTS FOR CHILDREN, THE FREEDOM FROM ARBITRARY OR UNLAWFUL INTERFERENCE WITH A PERSON'S PRIVACY, FAMILY, HOME OR CORRESPONDENCE, AND THE FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION.

ONE WOULD EXPECT TO FIND THESE PROVISIONS IN A BILL OF

RIGHTS,

HE SAID.

MR MATHEWS SAID THERE ARE THREE REASONS FOR MODELLING THE BILL ON THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS.

THE

"THE FIRST REASON 13 THAT IT WOULD CORRESPOND WITH SINO-BRITISH JOINT DECLARATION WHICH GUARANTEES THE CONTINUEN APPLICATION OF THE RELEVANT PROVISIONS OF THE COVENANT.

"SECOND, IT IS CONSISTENT WITH CHAPTER 11 OF THE DRAFT BASIC LAW, IN PARTICULAR ARTICLE 39 OF THE DRAFT WHICH STIPULATES THAT THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, AND INTERNATIONAL LABOUR CONVENTIONS AS APPLIED TO HONG KONG SHALL REMAIN IN FORCE AND SHALL BE IMPLEMENTED THROUGH THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.

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