TNAG-1844-FCO40-2619-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 36

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

B2 MAR '89 14:31

TECH FØDTO

TC FCO NEUS

PAGE.035

عطينا

TRANSCRIPT B: HONG KONG SELECT COMMITTEE RKETING

FURETOR SHORETASY

-14

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22 MAR 89

1 think what is happening, of course,

is that the Basic Law

is starting off by providing for proper attention to be given to the human rights covenants and in that sense,

the human rights

covenants arė given effect in Hong Kong at the moment by a combination of statute law, common law and administrative regulations. They are being carried through into the Basic Law by the need to pay respect to the human rights charters.

There my be a case for seeking to enact a full Bill of

Rights in Hong Kong, even as it is now.

With regard to other negotiations we have been in in the British Colonies, for example Gibraltar, Bermuda and other ones, the fundamental rights provision of their constitutions takes

precedence over their dumestic laws.

Introduced in Borg Kong?

why has this not been

FORRIGE SECRETARY ·

Because they are being provided

or going to be provided

as pari vi tue domotic law.

There is no such provision, of course, in this country although discussion takes place about it, so I think that the Hong Kong prospect is that they are there now through statute law,

as I say, il may be common law and administrative provisions and, desirable to consolidate them into a Hong Kong Bill of Rights.

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