UNCLASSIFIED
FM HONG KONG
TO IMMEDIATE FCO
TELNO 3363
OF 110554Z OCTOBER 89
AND TO IMMEDIATE PEKING
UNCLASSIFIED
HKB Oll 15
011
71
042715 MDHIAN 9269
TOP COPY Q DIST ?
MY LEGCO ADDRESS: MY FOURTH IPT: BILL OF RIGHTS
TEXT OF THE EXTRACT ON (QUOTE) BILL OF RIGHTS (UNQUOTE) IS
AS FOLLOWS:-
BEGINS
(C) BILL OF RIGHTS
45. IN HONG KONG WE HAVE ALWAYS TAKEN FOR GRANTED THE BASIC
SOCIAL AND POLITICAL FREEDOMS THAT WE ENJOY. THESE ARE BACKED UP BY MANY DIFFERENT PROVISIONS OF STATUTORY AND COMMON LAW. IN ADDITION, THE 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.
46.
IT IS CLEAR THAT THERE IS NOW STRONG SUPPORT IN THE COMMUNITY FOR THESE FREEDOMS TO BE ENTRENCHED THROUGH THE ENACTMENT OF A BILL OF 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 INTERNATIONAL 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 CONSUL- TATION BY THE END OF THIS 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 ITS ENACTMENT DURING WHICH EXISTING LAWS CANNOT BE CHALLENGED AGAINST THE STANDARD OF THE NEW BILL.
47. THE PROVISIONS OF THE OTHER INTERNATIONAL COVENANT, THE COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, ARE DIFFERENT
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