XN000022-1995-11-23 — Page 2

1 -

Government's statement on the Bill of Rights

The Government issued the following statement on the Bill of Rights Ordinance today:

The Bill of Rights Ordinance

The Government has carefully studied the Chief Justice's comments on the Bill of Rights Ordinance (BORO). It notes that the Chief Justice does not suggest that the BORO is inconsistent with the Joint Declaration or Basic Law. It welcomes the Chief Justice's acknowledgement that the BORO is part of the fabric of the laws of Hong Kong and his commitment that it will be given effect to in the courts. The Attorney General has been asked for his considered opinion on the specific points raised by the Chief Justice. His views are attached.

The Government would like to take this opportunity to re-state certain key points concerning the BORO.

Status of the Bill of Rights Ordinance

The BORO incorporates into the law of Hong Kong the provisions of the International Covenant on Civil and Political Rights (ICCPR) as applied to Hong Kong. It was drawn up with full regard to the Joint Declaration, the Basic Law and the experience of other jurisdictions that had or were contemplating such a law. It is a law to meet the specific circumstances of Hong Kong.

The Joint Declaration and the Basic Law both provide that the ICCPR as applied to Hong Kong shall remain in force. The Basic Law further provides, in Article 39, that the ICCPR shall be implemented through the laws of the Hong Kong Special Administrative Region (HKSAR). This is precisely what the BORO does is a law implementing the provisions of the ICCPR as applied to Hong Kong. This is entirely consistent with Article 39 of the Basic Law.

П-

it