XN000022-1990-07-25 — Page 8

WEDNESDAY, JULY 25, 1990

6

"WE HAVE THEREFORE MADE THIS SUBSTITUTION IN THE NEW ARTICLE 21 OF THE BILL," THE CHIEF SECRETARY SAID.

PERSONS WHO UNDER OUR STAND FOR ELECTION

SIR DAVID ASSURED MEMBERS THAT ALL

HAD THE RIGHT TO VOTE AND EXISTING LEGISLATION WOULD CONTINUE TO ENJOY THESE RIGHTS.

OF THE THE CHIEF SECRETARY ALSO NOTED THAT THE CHINESE TITLE

TO "RENQUAN BILL OF RIGHTS HAD BEEN CHANGED FROM "RENQUAN XUANYAN" FA'AN" TO ACCORD WITH THE GENERALLY ACCEPTED TRANSLATION OF THE TERM.

QUESTION OF WHETHER THE

BILL OF INCLUDING

CUSTOMS OF THE INDIGENOUS ON THE POPULATION IN THE NEW TERRITORIES WOULD BE AFFECTED BY THE RIGHTS, SIR DAVID SAID ITS IMPACT ON PRESENT LAW AND POLICY THAT IN RELATION TO CUSTOMARY LAW IN THE NEW TERRITORIES DEPended UPON INTERPRETATION OF THE RELEVANT ARTICLES OF THE ICCPR.

EXISTING CUSTOMARY LAW ON INHERITANCE OF COMMUNAL LAND KNOWN AS

REFLECTED AN TERRITORIES TSO AND TONG LAND IN THE NEW ELEMENT OF THE SOCIAL FABRIC OF NT VILLAGES, HE SAID.

THE

CONCLUSION

IMPORTANT

ICCPR ON THAT IT IS

"WE HAVE STUDIED CAREFULLY THE IMPLICATIONS OF THE HAVE COME TO SUCH CUSTOMARY LAW AND COMPATIBLE WITH THE ICCPR AND THIS BILL.

"THE

FACT THAT CUSTOMARY LAW IN THE NT TREATS WOMEN IN A WAY

THE

NECESSARILY LAW IS MEAN THAT DIFFERENT

MEN TO

DOES NOT

++ SIR DAVID SAID. DISCRIMINATORY UNDER THE BILL OF RIGHTS,

WAS OF

THE CHIEF SECRETARY SAID THE GOVERNMENT HAD NOTED THE ARGUMENTS THAT CUSTOMARY LAW HELPED PRESERVE A TRADITIONAL WAY OF LIFE AND ESSENTIAL IN ORDER TO MAINTAIN THE CULTURAL LIFE AND MORAL VALUES THE NT VILLAGES.

EXCLUDING INDIGENOUS "THAT SAID, THERE CAN BE NO QUESTION OF

THIS WOULD VILLAGERS IN THE NT FROM THE APPLICATION OF THE BILL AS CLEARLY FAIL TO BE A FULL IMPLEMENTATION OF THE ICCPR.'

"

TO

NOTING THAT THE GOVERNMENT DID NOT RECOMMEND ANY EXEMPTION

DAVID SAID: "WE ALL THE ICAC AND LAW ENFORCEMENT AGENCIES, SIR RECOGNISE THAT THERE IS A NEED TO STRIKE A BALANCE BETWEEN PROTECTION OF INDIVIDUAL RIGHTS AND THE EFFECTIVE MAINTENANCE OF LAW AND ORDER.

HE SAID HE BELIEVED THAT THIS WAS ONE OF THE ISSUES WHICH TO BE EXAMINED WITH THE UTMOST CARE DURING THE FREEZE PERIOD.

H

HAD

ENSURE, ON "I AM HOWEVER CONFIDENT THAT WAYS CAN BE FOUND TO THE ONE HAND, THAT THE ICAC, AND POLICE AND OTHER ENFORCEMENT AGENCIES WILL CONTINUE TO OPERATE AT A HIGH STANDARD OF EFFECTIVENESS, AND ON THE OTHER, THAT THE ORDINANCES IN QUESTION WILL BE CONSISTENT WITH THE BILL OF RIGHTS, " SIR DAVID SAID.

THE CHIEF SECRETARY ALSO SAID FURTHER CONSIDERATION GIVEN TO THE PROPOSAL FOR THE SETTING UP OF A HUMAN RIGHTS FOLLOWING THE ENACTMENT OF THE BILL OF RIGHTS.

BR

WOULD COMMISSION

/"TO GIVE

+