TNAG-1836-FCO40-2611-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1989 — Page 37

CONFIDENTIAL

FM HONG KONG

•

TO PRIORITY FCO

TELNO 3224

OF 29070OZ SEPTEMBER 89

42

CONFIDENTIAL

43

004654

MDLIAN 4416

HKB

01112

DIST

HONG KONG TELNO 3132: EXECUTIVE COUNCIL AT THE PART I MEETING OF THE EXECUTIVE COUNCIL HELD ON 26 SEPTEMBER, THE GOVERNOR IN COUNCIL ORDERED THAT -

(A) BILL OF RIGHTS

(I) A BILL OF RIGHTS SHOULD BE PREPARED ALONG THE FOLLOWING LINES, IN ADDITION TO THOSE AGREED AT THE COUNCIL MEETING HELD ON 20

SEPTEMBER

(1) THE PROVISIONS OF THE ICESCR SHOULD NOT BE INCLUDED IN THE BILL, BUT SHOULD BE GIVEN EFFECT BY OTHER MEASURES:

(2) THE BILL SHOULD BE ENTRENCHED IN ORDER TO MAKE IT PARAMOUNT IN THE LAWS OF HONG KONG. DETAILS AS TO HOW THIS COULD BE ACHIEVED SHOULD BE WORKED OUT IN DUE COURSE:

(3) THE DURATION OF THE PERIOD TO BE ALLOWED AFTER THE COMMENCEMENT OF THE BILL DURING WHICH IT WOULD NOT OVERRIDE EXISTING LEGISLATION SHOULD BE FURTHER STUDIED AND A RE-SUBMISSION MADE TO THE COUNCIL:

(II) IN GENERAL TERMS, THE FOLLOWING TECHNICAL DETAILS WERE LIKELY TO

AND BE ACCEPTABLE BUT A FORMAL DECISION SHOULD AWAIT PUBLICATION OF · REACTION TO, THE WHITE BILL-

(1) WHERE AN ALLEGED VIOLATION OF A PROVISION OF THE BILL IS SUBJECT TO AN ACTION, THE CASE SHOULD BE TRIED ONLY IN THE HIGH COURT:

(2) ANY CASE IN THE COURSE OF WHICH A POINT RELATING TO THE BILL ARISES INCIDENTALLY SHOULD BE DEALT WITH BY THE COURT IN WHICH THE CASE IS BEING TRIED:

(3) AN ACTION UNDER THE BILL MAY BE BROUGHT BY ANY ''AFFECTED''

PERSON:

(4) AN ACTION UNDER THE BILL MAY BE BROUGHT AGAINST ANYBODY OR INDIVIDUAL, PRIVATE OR PUBLIC

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