G.F. 316
SECRET 高度機密
4
13.
to
Press reports in Hong Kong on discussions of this subject at various Basic Law drafting and consultative fora suggest a great divergence of views. There have been suggestions that in order
preserve rights currently enjoyed by residents of Hong Kong, а "Bill of
of Rights" should be enshrined in Chapter III of the Basic Law dealing with basic rights and obligations of the inhabitants of the Hong Kong SAR. The idea of a "Bill of Rights" creates the following difficulties:
(A)
(B)
Substantial provisions regarding rights and freedoms exist in
in the common law and ordinances enacted in
in Hong Kong, and any
any attempt to codify or catalogue them would lead
omissions,
and
to difficulties
in
confusion
unnecessary interpretation and enforcement. The contents of the proposed "Bill of Rights" create endless scope for disputes regarding apparent limitations on freedoms which are generally acceptable in any democratic society.
14.
In these circumstances, an uncontroversial way to deal with this matter could be simply to repeat in the relevant chapter of the Basic Law what has been carefully considered and included in the relevant sections of Annex I to the Joint Declaration. We would be prepared to provide a suggested draft if it would be of assistance to the Chinese legal experts.
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