XN000022-1990-03-16 — Page 2

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BILL OF RIGHTS FOR HONG KONG

FRIDAY, MARCH 16, 1990

THE HONG KONG

GOVERNMENT TODAY (FRIDAY) PUBLISHED, AS THE BASIS FOR PUBLIC CONSULTATION, A DRAFT BILL OF RIGHTS FOR HONG KONG, TOGETHER WITH A COMMENTARY EXPLAINING ITS CONTENTS.

A GOVERNMENT SPOKESMAN EXPLAINED THAT THE DRAFT BILL OF RIGHTS SEEKS TO GIVE EFFECT IN LOCAL LAW TO THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, AS APPLIED TO HONG KONG.

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"THE BILL WILL MAKE THE RIGHTS AND FREEDOMS CONTAINED IN THE COVENANT JUSTICIABLE, HE SAID. "THIS MEANS THAT A PERSON WHOSE RIGHTS UNDER THE BILL HAVE BEEN CONTRAVENED BY ANY LAW OR ADMINISTRATIVE ACT WILL BE ABLE TO SEEK REDRESS IN THE COURTS."

THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AS APPLIED TO HONG KONG WILL BE ENTRENCHED THROUGH THE SUPREME CONSTITUTIONAL DOCUMENTS: THE LETTERS PATENT BEFORE 1997, AND THE BASIC LAW THEREAFTER.

"THUS, BOTH BEFORE AND AFTER 1997 THE COVENANT, AS APPLIED TO HONG KONG, WILL BE SUPERIOR TO ALL LAWS ENACTED IN HONG KONG.

"THE BILL OF RIGHTS, AS THE EMBODIMENT OF THE COVENANT, WILL BE THE BENCH MARK BY WHICH ALL LAWS ENACTED IN HONG KONG WILL BE TESTED," HE SAID.

THE SPOKESMAN SAID THE IMPORTANCE OF THE BILL WAS FURTHER EMPHASISED BY THE INCLUSION IN THE TEXT OF AN INTERPRETATION CLAUSE ENJOINING JUDGES, WHERE POSSIBLE, TO CONSTRUE EXISTING AND FUTURE LEGISLATION CONSISTENTLY WITH THE BILL OF RIGHTS.

"ADDITIONALLY, WE ARE PROPOSING THAT, AS A MATTER OF PRACTICE, A CLAUSE SHOULD BE INCLUDED IN FUTURE BILLS MAKING THEM SUBJECT TO THE BILL OF RIGHTS," HE SAID.

THE GOVERNMENT IS ALSO PROPOSING A TWO-YEAR "FREEZE" PERIOD AFTER COMMENCEMENT OF THE BILL.

"THE FREEZE WILL ONLY AFFECT EXISTING STATUTORY LEGISLATION AND WILL NOT COVER COMMON LAW OR ADMINISTRATIVE PRACTICES AND PROCEDURES.

"THESE WILL BE LIABLE TO CHALLENGE

COMMENCEMENT.

UNDER THE BILL FROM ITS

TO

EXISTING LEGISLATION Also BE LIABLE ΤΟ

"ANY NEW LEGISLATION AND AMENDMENTS ENACTED AFTER THE COMMENCEMENT OF THE BILL WILL CHALLENGE UNDER THE BILL UPON THEIR ENACTMENT,

/"THE MAIN