XN000022-1990-10-31 — Page 27

WEDNESDAY, OCTOBER 31, 1990

25

RIGHTS PROTECTED THROUGH COURTS, AG SAYS

INTO RIGHTS, PROTECTED

THE

IT

AND THE HON

THE HONG KONG BILL OF RIGHTS BILL 1990 INTRODUCED LEGISLATIVE COUNCIL IN JULY WAS NOT ONLY A STATEMENT OF ALSO ENSURED THAT THESE RIGHTS WERE CAPABLE OF BEING ENFORCED THROUGH ACTION IN THE COURTS, THE ATTORNEY GENERAL, JEREMY MATHEWS, SAID TODAY (WEDNESDAY).

MOTION

SPEAKING IN THE LEGISLATIVE COUNCIL ON A DEBATE ON A

BILL, AS OF THANKS FOR THE GOVERNOR'S ADDRESS, MR MATHEWS SAID THE

THE GOVERNMENT AND ALL PRESENTLY DRAFTED, WAS EXPRESSED TO BIND AUTHORITIES AND PERSONS.

HE SAID IT WAS, COURSE OF THIS DEBATE MR

WATERED DOWN HAD IRRELEVANCY".

THEREFORE, A MATTER FOR SURPRISE THAT IN

GOVERNMENT MARTIN LEE HAD CONTENDED THAT THE THE TO "ALMOST

POINT BILL THE PROPOSED

THE

OF

"IT IS DIFFICULT

TO SEE HOW A BILL

AN.

FOR

MR

CONSTITUTES WHICH EASILY ACCESSIBLE AND JUSTICIABLE STATEMENT OF FUNDAMENTAL RIGHTS ALL THE PEOPLE OF HONG KONG CAN BE DESCRIBED AS IRRELEVANT," SAID MATHEWS.

HE

SAID MR LEE TOUCHED UPON THREE PARTICULAR ASPECTS OF

THE

BILL.

"I AM AWARE THAT THE IDEA OF A FREEZE HAS BEEN THE SUBJECT OF CONTROVERSY, AND THE ADMINISTRATION HAS ALREADY RESPONDED TO UNEASE IN FREEZE TO EXISTING THIS REGARD BY PROPOSING TO REDUCE THE BLANKET LEGISLATION FROM TWO YEARS TO ONE YEAR, ALTHOUGH ALLOWING FOR TIME IN RELATION TO IDENTIFIED ORDINANCES, IF ANY.

FURTHER

CRIPPLE THE BILL. "IT IS SUGGESTED THAT THE FREEZE WILL THAT, TOO, IS A SUGGESTION THE LOGIC OF WHICH IS DIFFICULT TO FOLLOW.

A PRUDENT AND PRACTICAL "THE FREEZE IS INTENDED TO BE

IS NOT MEASURE, THE IDEA OF WHICH IN THE CONTEXT OF BILLS OF RIGHTS

IT IN OTHER THERE IS PRECEDENT FOR NEW IN THE COMMON LAW WORLD. JURISDICTIONS, AND THE PERIODS ELSEWHERE HAVE BEEN LONGER,

"IN ANY EVENT, IF THE FREEZE PROVISION IS ENACTED BILL OF RIGHTS, THE PROVISION'S LIFE SPAN WILL BE LIMITED, BILL WILL OTHERWISE HAVE IMMEDIATE EFFECT.

FOR OUR AND THE

THE VIEW OF

"I SUGGEST THEREFORE THAT TO SEE THE BILL AS CRIPPLED BY PREEZE PROPOSAL IS TO TAKE A SOMEWHAT SHORT-TERM AND NARROW ITS IMPACT, THE ATTORNEY GENERAL SAID.

H

HE SAID MR LEE SUGGESTED THAT THE CROWN PROCEEDINGS ORDINANCE AGAINST SHOULD BE AMENDED TO PERMIT CITIZENS TO OBTAIN INTERIM RELIEF THE CROWN.

/MR MATHEWS