XN000022-1990-07-18 — Page 22

WEDNESDAY, JULY 18, 1990

20

HONG KONG BILL OF RIGHTS BILL 1990

THE

YESTERDAY COUNCIL EXECUTIVE

HONG KONG BILL OF RIGHTS INTRODUCTION OF THE LEGISLATIVE COUNCIL ON JULY 25, 1990.

APPROVED (TUESDAY)

1990 BILL

INTO THE

THE

"THE BILL HAS BEEN PREPARED IN THE LIGHT OF PUBLIC VIEWS ON

IN

THIS MARCH

YEAR," BILL

WAS PUBLISHED WHITE

WHICH EARLIER GOVERNMENT SPOKESMAN SAID.

EXPLAINING THE BILL, THE GOVERNMENT SPOKESMAN HIGHLIGHTED MAJOR CHANGES WHICH HAD BEEN INTRODUCED.

AN A

THE

OF THE

CLAUSE 1(2) OF THE BILL SEEKS TO PROVIDE A FREEZE OF THE EFFECT OF THE BOR IN RESPECT OF EXISTING LEGISLATION FOR THE FIRST YEAR AFTER FREEZE IN THE ENACTMENT OF THE BILL, TO BE FOLLOWED BY A SELECTIVE

PERIOD FURTHER RESPECT OF LEGISLATION LISTED IN A SCHEDULE FOR A NOT LESS THAN ONE YEAR TO BE DECIDED BY THE LEGISLATIVE COUNCIL.

OF THE LEGISLATIVE RESOLUTION APPROVED BY A SHOULD BE SCHEDULE COUNCIL. THE FREEZE WILL ALSO COVER ACTS DONE UNDER STATUTORY POWERS, INCLUDING THE EXERCISE OF DISCRETIONARY POWERS.

HAS ALREADY WITH THE AS (ICCPR) REVIEW TO BE

"THIS FREEZE DOES NOT IMPLY THAT THE GOVERNMENT

IS INCOMPATIBLE LEGISLATION ANY OF THAT

OUR DECIDED

RIGHTS COVENANT ON CIVIL AND POLITICAL INTERNATIONAL APPLIED TO HONG KONG, BUT WILL PROVIDE TIME FOR A FULL UNDERTAKEN, THE SPOKESMAN SAID.

11

"NATIONAL

IN PROVIDED

THE

BILL ON WHITE THE DEFINITIONS SECURITY" AND "LIFE OF THE NATION" BY INCLUDING HONG KONG SPECIFICALLY HAVE NOW BEEN DELETED.

+

RESPECT OF "UNDER THE ICCPR, RESTRICTIONS AND DEROGATIONS IN CERTAIN RIGHTS AND FREEDOMS MAY BE IMPOSED ON THE GROUNDS OF NATIONAL SECURITY', OR IN TIMES OF PUBLIC EMERGENCY WHICH 'THREATEN THE LIFE OF THE NATION'. HOWEVER, IT HAS BEEN POINTED OUT THAT THE DEFINITIONS IN THE WHITE BILL WOULD PERMIT RIGHTS TO BE RESTRICTED OR TAKEN AWAY IN AND COULD FROM THOSE ALLOWED BY THE ICCPR CIRCUMSTANCES DIFFERENT

HENCE THEIR THEREFORE BE REGARDED AS INCONSISTENT WITH THE ICCPR. DELETION, THE SPOKESMAN EXPLAINED.

"I

CLAUSE 2(3) OF THE WHITE BILL HAS

ONLY TO REFERENCE

THE PURPOSE OF THE BILL FURTHER THE ICCPR AS APPLIED TO HONG KONG.

BEEN AMENDED BY MAKING WHICH IS ΤΟ IMPLEMENT

"THE AMENDMENT WILL AVOID GIVING THE IMPRESSION THAT THE ADVOCATES A DEPARTURE FROM ESTABLISHED LEGAL PRACTICE, WHICH COULD REGARDED AS CONTRARY TO THE JOINT DECLARATION AND THE BASIC LAW," SPOKESMAN EXPLAINED.

BILL

BE

THE

IN

CLAUSE 6(1) OF THE WHITE BILL WHICH PROVIDES THAT A

IS DELETED, RELATION TO A PERSON IS ACTIONABLE AS A TORT CONSEQUENTIAL AMENDMENTS TO CLAUSE 6(2).

VIOLATION

WITH

/"THE DELETION