2. KANSAS and
CONFIDENTIAL
FM HONG KONG
TO DESKBY 26160OZ FCO
TELNO 3188
OF 261245Z SEPTEMBER 89
INFO DESKBY 27010OZ PEKING
CONFIDENTIAL
HKB 011 15
TOP a Die
48.
172652 MDHIAN 7207
MY 4TH IPT: MY ADDRESS TO THE LEGISLATIVE COUNCIL : 11 OCTOBER
DRAFT TEXT ON THE BILL OF RIGHTS IS AS FOLLOWS:
(C) BILL OF RIGHTS
43. IN HONG KONG WE HAVE ALWAYS TAKEN FOR GRANTED THE BASIC SOCIAL AND POLITICAL FREEDOMS THAT WE ENJOY. THESE ARE BACKED UP BY MANY
THE DIFFERENT PROVISIONS OF STATUTORY AND COMMON LAW. IN ADDITION, INTERNATIONAL COVENANTS ON CIVIL AND POLITICAL RIGHTS AND ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS HAVE BEEN EXTENDED TO HONG KONG SINCE 1976. AND THEIR CONTINUED APPLICATION BEYOND 1997 IS GUARANTEED IN THE JOINT DECLARATION.
44. IT IS CLEAR THAT THERE IS NOW STRONG SUPPORT IN THE COMMUNITY FOR THESE FREEDOMS TO BE ENTRENCHED IN A BILL OR RIGHTS. THE GOVERNMENT HAS BEEN CONSIDERING WHAT FORM SUCH A BILL MIGHT TAKE. WE PROPOSE THAT IT SHOULD GIVE EFFECT IN LOCAL LAW TO THE RELEVANT PROVISIONS OF THE INTERNATINAL COVENANT ON CIVIL AND POLITICAL RIGHTS. THIS MEANS THAT IF ANYONE BELIEVES THAT THEIR CIVIL OR POLITICAL RIGHTS, AS DEFINED IN THE COVENANT, HAVE BEEN VIOLATED THEY WILL BE ABLE TO SEEK REDRESS IN THE COURTS. WE AIM TO PUBLISH A WHITE BILL FOR PUBLIC CONSULTATION BY THE END OF THEIS YEAR AND TO INTRODUCE DRAFT LEGISLATION INTO THIS COUNCIL BY JULY 1990. WITHIN THIS TIMESCALE THERE WILL NOT BE TIME FOR A COMPREHENSIVE REVIEW OF ALL OUR EXISTING LAWS TO REMOVE ANY AREAS OF DOUBT ABOUT THEIR FULL COMPATIBILITY WITH THE BILL OF RIGHTS. TO AVOID ANY UNNECESSARY UNCERTAINTIES THE DRAFT BILL WILL PROVIDE FOR A LIMITED PERIOD AFTER THE ENACTMENT OF THE BILL DURING WHICH EXISTING LAWS CANNOT BE CHALLENGED AGAINST THE STANDARD OF THE NEW
BILL.
45. THE PROVISIONS OF THE OTHER INTERNATIONAL COVENANT, OR ECONOMIC, SOCIAL AND CULTURAL RIGHTS ARE NORE GENERAL IN NATURE AND NOT SUITABLE FOR INCORPORATION IN A BILL OF RIGHTS WHICH CAN BE INVOKED IN THE LAW COURTS. THEY TAKE THE FORM OF POLICY AIMS WHICH CANNOT EASILY BE EXPRESSED IN LEGISLATION AND THEY PROVIDE
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