Problem
CONFIDENTIAL
23
Preferred Redraft
Art. 38: Contrary to what it may appear to achieve, this
article in fact does not
guarantee for Hong Kong residents additional rights.
To revise this article along the lines of the opening words of JD 151 :
"Other rights and freedoms as provided for by the laws previously in force in Hong Kong shall be maintained."
Art. 39:
(a) Para. 1 is unsatisfactory in
so far as the reference to
International Labour
Conventions (ILCs) is
concerned:
(a)
(i)
The requirement to implement the ILCs "as applied in Hong Kong" will ossify the implementation of ILCS
(b)
in the SAR.
Propose that the reference to ILCs be
deleted from Art. 39 and a new provision be inserted in Chapter VI as follows:
"The provisions of International Labour Conventions as applied to the Hong Kong SAR shall be implemented through legislation or other action."
Proposed text for para. 2:
"Rights and freedoms in the Hong Kong SAR shall not be restricted unless
prescribed by law. But such
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