XN000022-1990-04-18 — Page 8

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WEDNESDAY, APRIL 18, 1990

"THIS IS A FEATURE OF THE BILL WHICH WILL NEED TO BE FULLY DEBATED DURING THE NEXT FEW WEEKS BECAUSE WE REALISE THAT WE ARE CREATING A NEW RIGHT TO PRIVACY IN THE BILL.

..

ANOTHER FEATURE OF THE BILL OF RIGHTS, MR MATHEWS SAID, IS ITS GENERAL JUSTICIABILITY. "BY THAT I MEAN THAT WE HAVE NOT CREATED ANY SPECIAL COURTS TO DEAL WITH ISSUES ARISING UNDER THE BILL OF RIGHTS NOR HAVE WE CREATED ANY SPECIAL PROCEDURES."

"THE REASONING BEHIND THIS IS THAT WE WANTED TO MAKE SURE THAT THE BILL OF RIGHTS WAS ACCESSIBLE IN EVERY COURT AND EVERY TRIBUNAL AND THAT JUDGES AND OTHERS CHARGED WITH JUDICIAL FUNCTIONS COULD NOT IGNORE IT, HE EXPLAINED.

"ABOVE ALL WE DID NOT WANT THE BILL TO HAVE A REMOTE, OLYMPIAN

STATUS."

HE POINTED OUT THAT HONG KONG IS NOT A BIG PLACE AND JUDGES AND LAWYERS ARE GENERALLY QUICK TO NOTE IMPORTANT CHANGES IN THE LAW.

"WE FEEL CONFIDENT THAT WITHIN A SHORT TIME THE COURT OF APPEAL AND PERHAPS EVEN THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL WILL HAVE HAD OCCASION TO INTERPRET THE MOST IMPORTANT PROVISIONS OF THE BILL AND INFERIOR COURTS AND TRIBUNALS WILL KNOW WHERE THEY STAND UNDER IT.

**

BASED ON THE (ICCPR) BECAUSE VIRTUE OF THE UNITED KINGDOM DEPENDENT

MR MATHEWS SAID THE BILL OF RIGHTS IS INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS SINCE 1976 THE ICCPR HAS APPLIED TO HONG KONG BY RATIFICATION OF THAT INTERNATIONAL AGREEMENT BY THE AND THE EXTENSION OF ITS PROVISIONS TO HONG KONG AS A TERRITORY OF THE UNITED KINGDOM.

ALTHOUGH THE UNITED KINGDOM WILL CEASE ΤΟ HAVE SOVEREIGN RESPONSIBILITY FOR HONG KONG IN 1997 THE ICCPR AS APPLIED TO HONG KONG WILL CONTINUE IN FORCE BY REASON OF THE FACT THAT ONE OF THE PROVISIONS OF THE SINO-BRITISH JOINT DECLARATION IS THAT THE ICCPR WILL REMAIN IN FORCE.

ON THE DIFFICULTIES POSED BY THE ENTRENCHMENT OF THE BILL, MR MATHEWS SAID THE DRAFTERS OF THE BILL OF RIGHTS STUDIED THE FINAL DRAFT OF THE BASIC LAW VERY CLOSELY IN ORDER TO PRODUCE A BILL OF RIGHTS WHICH 18 WHOLLY CONSISTENT WITH THE BASIC LAW.

"THIS MEANT IN THE FIRST PLACE

PRODUCING A BILL WHICH

VIRTUALLY REPEATED THE ICCPR.

"IF THIS WAS NOT DONE THEN THE BILL COULD BE VULNERABLE TO CHALLENGE UNDER THE BASIC LAW AS A LAW WHICH WAS, IN WHOLE OR IN PART, INCOMPATIBLE WITH IT.

"IF THERE WAS A SUCCESSFUL CHALLENGE THEN THE BILL OF RIGHTS COULD BE REPEALED BY THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS OF CHINA.

/HE SAID