XN000022-1991-06-05 — Page 12

10

WEDNESDAY, JUNE 5, 1991

"THE

AND

THE

TO ADDRESS SURE THE MEASURE ORDINANCES

PLAIN FACT IS THAT THE ABILITY OF THE COURTS THESE OBLIGATIONS DIRECTLY REQUIRES THAT WE SEEK TO MAKE DOUBLY THAT I

IN CERTAIN CORF AREAS WE WILL NOT BE FOUND WANTING.

ONE.

THE PERIOD IS SHORT, A IS

PRECAUTIONARY LISTED ARE FEW," THE CHIEF SECRETARY SAID.

CONSIDERABLY

VIEWS

HE POINTED OUT THAT THE ADMINISTRATION HAD MOVEN

STRENGTH OF FROM ITS ORIGINAL POSITION, IN DEFERENCE TO THE EXPRESSED BY THE AD HOC GROUP AND OTHERS, AND HE URGED THE LEGISLATIVE COUNCIL TO ADOPT THE RECOMMENDATION OF THE AD HOC GROUP.

INDIVIDUALS,

SHOULD GOVERN OBLIGATIONS AS TO WHETHER THE BILL OF RIGHTS

THE GOVERNMENT HAD BETWEEN

THE THIEF SECRETARY SAID

RIGHTS ALL INTER- AGREED ΤΟ EXCLUDE FROM THE OPERATION OF BILL OF

SHOULD BIND CITIZEN RIGHTS AND OBLIGATIONS, AND THAT THE ORDINANCE ONLY THE GOVERNMENT AND ALL PUBLIC AUTHORITIES.

HE

THE

POINTED OUT THAT IN THE LIGHT OF CONCERNS EXPRESSED BY

ADMINISTRATION COMMUNITY DURING THE PUBLIC CONSULTATION PROCESS, THE

DEFER THE AGREED, WHEN THE BILL WAS INTRODUCED IN THIS COUNCIL, TO APPLICATION TO THE PRIVATE SECTOR OF ARTICLE 11, THAT WAS, THE TO PRIVACY.

"NEVERTHELESS,

GENERAL

RIGHT

THAT

INDIVIDUALS

ΤΟ

OF UNCERTAINTY HAS BEEN AND

THE

DETAILED ARTICLES

ESPECIALLY CONCERN, FINANCIAL AND BANKING COMMUNITY, REMAINS ABOUT THE LEGAL CREATED BY APPLYING THE BILL TO THE PRIVATE SECTOR, AND IT

RETWEEN EMPHASISED THAT CERTAIN AREAS OF CONDUCT

THEMSELVES PRIVATE

COVERED BY THE BILL LEGISLATION, RATHER THAN TO THE BROAD PROVISIONS OF CERTAIN OF THE INTERNATIONAL COVENANT.

BODIES

LEND

"THE AD HOC GROUP HAVE EXPRESSED THEIR WISH FOR SOME

SIR DAVID SAID. TO BE PUT FORWARD TO ALLAY SUCH CONCERN,

SOLUTION

ACCEPTED THERE WAS STATE PARTIES TO IMPOSE AGAINST, INDIVIDUALS

HE POINTED

THAT THE ADMINISTRATION OUT

NOTHING

WHICH REQUIRED COVENANT IN THE OBLIGATIONS UPON, AND ENABLE CLAIMS TO BE MADE THROUGH THE VEHICLE OF A BILL OF RIGHTS.

APPLY

RIGHTS USUALLY "TLAUSE 7 OF THE BILL IS UNUSUAL AND BILLS OF

IN THESE ΤΟ

AUTHORITIES. ONLY

AND GOVERNMENTS

PUBLIC CIRCUMSTANCES AND IN VIEW OF THE CONCERN EXPRESSED, THE ADMINISTRATION HAS RE-EXAMINED THE NEED FOR AND DESIRABILITY OF PROVIDING FOR CITIZEN RIGHTS UNDER THE BILL OF RIGHTS.

INTER-

"WE NOTE PARTICULARLY THAT FEARS ABOUT THE UNCERTAIN EFFECTS OF BILL THE BILL OF RIGHTS COULD UNDERMINE THE VERY CONFIDENCE THAT THE WAS DESIGNED TO STRENGTHEN," HE SAID.

ADDRESS HE NOTED THAT THERE WERE TWO BROAD OPTIONS WHICH MIGHT

THOSE PARTICULAR THIS CONCERN: EITHER TO DEFER THE APPLICATION OF ARTICLES MOST LIKELY TO AFFECT INTER-CITIZEN RELATIONSHIPS, OR TO TAKE OUT ALL DIRECT INTER-CITIZEN RIGHTS FROM THE BILL OF RIGHTS,

IT IS TIDIER, AND WELL. AVOID "WE PREFER THE LATTER APPROACH. UNCERTAINTY AS TO WHICH ASPECTS OF CONDUCT ARE COVERED AND

THE ARE NOT.

WHICH

/"IT ALSO