XN000022-1990-06-27 — Page 8

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WED: ESDAY, JUNE 27, 1990

BILL OF RIGHTS MUST BE PART OF PACKAGE

THE

TODAY PATENT, ARE AN INSEPARABLE

COUNCIL LEGISLATIVE THE HON

LEE SAID IN MARTIN (WEDNESDAY) THAT THE BILL OF RIGHTS, AMENDMENT TO THE LETTERS AND CHANGES IN THE CROWN PROCEEDINGS ORDINANCE PACKAGE.

HE WAS SPEAKING IN THE MOTION DEBATE ON THE BILL OF RIGHTS.

WITH THE ENTIRE

"IF THE GOVERNMENT REFUSES TO COME FORWARD PACKAGE, IT WILL EFFECTIVELY GUT THE PURPOSE OF THE BILL OF RIGHTS AND

COMMITTED IS

GENUINELY DEMONSTRATE THAT THE GOVERNMENT UPHOLDING HUMAN RIGHTS," HE SAID.

NOT

MR LEE SAID A CRITICAL TEST OF THE GOVERNMENT BEING WILLING PROTECT HUMAN RIGHTS WAS WHETHER IT WOULD MAKE THE

BOTH AMENDING BY

EFFECTIVE PROCEEDINGS ORDINANCE.

THE LETTERS

PATENT

TO

то BILL OF RIGHTS AND THE CROWN

HE EXPRESSED STRONG DISSATISFACTION THAT UP TO NOW, LEGISLATIVE WOULD COUNCILLORS STILL DID NOT KNOW WHEN AND HOW THE LETTERS PATENT ACTUALLY BE AMENDED TO PROVIDE THE SUPREMACY AND ENTRENCHMENT ELEMENTS LACKING IN THE DRAFT BILL OF RIGHTS.

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CONTAINED WHILE THE FIRST THE SECOND PARAGRAPH

AS A MATTER OF FACT, HE SAID, THE BASIC LAW ALREADY

ENTRENCHMENT AND SUPREMACY. THE TWO KEY ATTRIBUTES PARAGRAPH OF ARTICLE 39 ENTRENCHED THE BILL, PROVIDED FOR SUPREMACY.

AFTER

MR LEE SAID THAT CURRENTLY THERE WAS NO INDICATION THAT

THE INTERNATIONAL 1997 HONG KONG WOULD BE ABLE TO BE A SIGNATORY TO COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) EITHER THROUGH CHINA OR ON ITS OWN.

SHALL REMAIN IN HE SAID,

"IF THE PROMISE THAT THE COVENANT

HONG FORCE AFTER 1997 IS TO BE FULFILLED, GREAT BRITAIN SHOULD ALLOW KONG TO BECOME A SIGNATORY ON ITS OWN TO THE ICCPR BEFORE 1997, AND IT SHOULD SEEK EITHER TO PERSUADE CHINA TO SIGN THE COVENANT OR TO THE HKSAR TO SIGN THE COVENANT ON ITS OWN.'

**

ALLOW

SAW

HE ON THE POINT OF A TWO-YEAR FREEZE PERIOD, MR LEE SAID

ACCEPT A SIX-MONTH ABSOLUTELY NO NEED FOR IT, BUT WAS PREPARED TO

WHICH SPECIFY PRECISELY FREEZE PROVIDED THAT THE GOVERNMENT COULD

SCHEDULE SECTIONS OF STATUTES IT INTENDED TO FREEZE AND INCLUDED THAT IN THE BLUE BILL; THAT THE GOVERNMENT SHOWED THE COUNCIL THAT A FREEZH ATTORNEY ON ALL THOSE SECTIONS WAS ABSOLUTELY NECESSARY; AND THAT THE

THAT WAS GENERAL UNDERTOOK NOT TO PROSECUTE ANYONE UNDER A STATUTE FROZEN.

ON THE QUESTION OF LEGAL REMEDIES, MR LEE SAID THE LAW OF TORTS WERE OFTEN DID NOT PROVIDE AN ADEQUATE REMEDY FOR THOSE WHOSE RIGHTS VIOLATED. HE SAID THAT IF REMEDIES WERE THE "TEETH" OF ANY LAW, REMEDIAL TEETH IN THE DRAFT BILL OF RIGHTS WERE LIKE THE "DENTURES AN 80-YEAR-OLD WOMAN".

THEN

OF

/HE SUPPORTED