XN000022-1990-03-31 — Page 2

SATURDAY, MARCH 31, 1990

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BILL OF RIGHTS: DOCUMENT TO ENHANCE HUMAN RIGHTS

* * * * *

RIGHTS WAS TO TRY AND IN HONG KONG IN PHILIP DYKES, SAID

THE TASK FOR DRAFTERS OF THE BILL OF PRODUCE A DOCUMENT THAT WOULD ENHANCE HUMAN RIGHTS

MR GENERAL, THE LONG TERM, ASSISTANT SOLICITOR TODAY (SATURDAY).

ORGANISED BY THE

THE OF THE BILL OF

SPEAKING AT A SEMINAR ON THE BILL OF RIGHTS FACULTY OF LAW OF THE UNIVERSITY OF HONG KONG, MR DYKES EXPLAINED BASIC CONSTITUTIONAL CONSIDERATIONS IN THE DRAFTING RIGHTS.

RIGHTS IS ΤΟ ENHANCE SECURE THEM FOR THE AS PRACTICABLE

"THE PURPOSE OF ANY MEANINGFUL BILL OF THE STATUS OF BASIC RIGHTS AND FREEDOMS AND TO

AND FUTURE GENERATIONS AS FAR BENEFIT OF PRESENT WITHIN A GIVEN CONSTITUTIONAL FRAMEWORK, HE SAID.

AND

SECONDLY, TO MAKE CONSTITUTIONALLY COMPETENT DOCUMENT.

"FAILURE TO DO EITHER OF THESE MEANS THAT

WAY AS FIRST, TO A BILL OF RIGHTS MUST BE DRAFTED IN SUCH A

PURPOSE OF ENHANCING RIGHTS ENSURE THAT THE BILL ACHIEVES ITS

AND

SURE THAT IT FREEDOMS,

ALSO A

IS

BILL OF RIGHTS

-

· IS FLAWED AND THE OBJECTIVE HAS NOT MR DYKES EXPLAINED.

THE PRODUCT

BEEN ATTAINED,

THE

CONSTRAINTS WERE THE EXISTING MR DYKES SAID THAT THE FORMAL LIMITATIONS ON THE POWERS OF THE GOVERNOR AND THE LEGISLATIVE TO ENACT CONSTITUTIONAL LAWS, AND THE BASIC LAW.

COUNCIL

THE REAL PROBLEM WAS ENTRENCHMENT AND THERE WERE BASICALLY OPTIONS FOR ENTRENCHMENT BEFORE 1997.

THE FIRST OPTION WAS TO AMEND THE CONSTITUTIONAL THROUGH INVITE THE UNITED KINGDOM GOVERNMENT TO CREATE COUNCIL OR IMPERIAL ACT A NEW SOURCE OF LEGAL AUTHORITY PLACE THE BILL OF RIGHTS ABOVE ALL OTHER LOCAL LAWS.

THE SECOND WAS TO DEVISE LOCAL CONSTRAINTS FOR THE

OF COUNCIL WHEREBY THE PASSAGE

LEGISLATION WHICH WAS

PROCEDURALLY DIFFICULT WITH THE BILL OF RIGHTS WAS MADE PUBLIC.

TWO

DOCUMENTS OR

AN

IN

ORDER IN ORDER ΤΟ

LEGISLATIVE INCONSISTENT AND HIGHLY

OPTION. BUT THERE

WENT BEFORE WE

ON TO THE BASIC LAWS," MR

"WE WERE NATURALLY ATTRACTED TO THE SECOND WAS A DIFFICULTY RIGHT

OUR ON

DOORSTEP CONSIDER THE COMPATIBILITY OF THIS OPTION WITH DYKES SAID.

ONLY

THE

OWN

HE POINTED OUT THAT UNDER THE COLONIAL LAWS VALIDITY ACT,

ONE THAN

HALF WITH MORE "REPRESENTATIVE"

OF LEGISLATURES

LAWS RELATING TO THEIR MEMBERS ELECTED HAD THE POWER TO ENACT

LEGISLATURES CONSTITUTION, POWERS AND PROCEDURE. "NON-REPRESENTATIVE"

ITS CONSTITUTION WITHOUT SOME WERE INCAPABLE OF CHANGING

EXPRESS

IMPERIAL AUTHORITY.

/SELF-IMPOSED CHECKS