TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 158

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9. ONE AREA WHICH HS OF FUNDAMENTAL #MPORTANCE TO THE MAINTENANCE OF CONFIDENCE (IN HONG KONG IS THE PRESERVATION OF INDIVIDUAL

RIGHTS AND FREEDOMS.

10. THERE HAVE ALSO BEEN SUGGESTIONS IN HONG KONG, PARTICULARLY FROM MEMBERS OF THE LEGAL PROFESSION, THAT A BILL OF RIGHTS' SHOULD BE INCORPORATED IN THE BASIC LAW OR, BETTER STILL, ENACTED HIN HONG KONG PRIOR TO 1997. THIS IDEA, HOWEVER, CREATES DIFFICUL- THES FOR THE FOLLOWING REASONS:

(A) THERE IS ALREADY PROVISION FOR THE EXISTING RIGHTS AND FREEDOMS OF HONG KONG PEOPLE TO BE CONTINUED IN THEIR ENTIRETY. SECTION X*** OF ANNEX # TO THE JOHNT DECLARATION ENSURES CONTINUED APPLICATION TO HONG KONG OF THE TWO INTERNATIONAL COVENANTS. THESE RIGHTS AND FREEDOMS EXIST FOR THE MOST PART IN THE COMMON LAW, AND ANY ATTEMPT TO CODIFY OR CATALOGUE THESE RIGHTS WOULD BE MORE LIKELY TO LIMNT THEM THAN TO EXTEND THEM

(B) ANY ATTEMPT TO INTRODUCE A BILL OF RIGHTS' WOULD CREATE ENDLESS SCOPE FOR DISPUTES REGARDING THE APPARENT LIMITATIONS ON FREEDOMS THAT ARE GENERALLY ACCEPTED IN ANY DEMOCRATIC SOCIETY:

11. FOR THESE REASONS AS WELL AS THOSE STATED IN PARAGRAPH 6 ABOVE, IT WOULD BE BEST OF THE BASIC LAW GAVE THE FORCE OF LAW ***N HONG KONG TO THE TWO COVENANTS INSOFAR AS THEY ARE AT PRESENT APPLIED TO HONG KONG AND TO THE EXTENT THAT THEY ARE CAPABLE OF HAVING THAT EFFECT. THIS MIGHT BE DONE BY A SIMPLE SENTENCE ALONG THE FOLLOWING LINES:

**THE PROVISIONS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLINTICAL RIGHTS AND THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, AS APPLIED TO HONG KONG, SHALL CONTINUE TO BE IMPLEMENTED IN THE HONG KONG SAR.''

THUS THE COVENANTS WOULD BECOME PART OF THE LAW OF HONG KONG AS WELL AS BEING TREATIES APPLYING TO HONG KONG.

C. AUTHORITY FOR THE INTERPRETATION OF THE BASIC LAW

12. THE BASIC CHINESE POSITION ON THE AUTHORITY FOR THE INTERPRETATION OF THE BASIC LAW WAS STATED BY # PENGFE AT HIS PRESS CONFERENCE IN HONG KONG ON 21 DECEMBER 1985, SUCH AUTHORITY WOULD BE VESTED IN THE NPC AND HTS STANDING COMMITTEE. THIS IS HN LINE WITH THE CHINESE SYSTEM AND, MN PARTICULAR WITH ARTICLE 67(1) OF THE CONSTITUTION WHICH PROVIDES THE NPC STANDING COMMITTEE WITH THE POWER TO HNTERPRET.THE CONSTITUTION AND SUPERVISE ITS ENFORCEMENT AND WITH ARTICLE 67(4) WHICH ENABLES THE COMMITTEE TO INTERPRET STATUTES." J ADDED THAT WHETHER THE SAR SHOULD HAVE CERTAMIN MINTERPRETING POWERS IN THE COURSE OF IMPLEMENTING THE BASIC LAW WOULD BE STUDIES AT THE TIME THE LAW WAS ENACTED. MR LU

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