TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 68

Problem

(ii)

It would be desirable

for the scope of the

second sentence to be

extended to prohibit

restrictions that are

inconsistent with the

Covenants as well.

CONFIDENTIAL

- 25

-

Preferred Redraft

Possible Channels

Art. 41 and Chapter III in general: It is wrong to distinguish between Hong Kong residents and "other persons" in the SAR insofar as basic rights

and freedoms and concerned.

Furthermore, the existing text could be read as permitting the law to put any restrictions on the rights mentioned in Chapter III so far as they affect

non-residents. This would be

inconsistent with the Covenants.

To avoid a conflict between the BL and JD

150 & 156, Art. 41 could be revised to

extend protection to all persons in the SAR of their basic rights, save for those rights which may be enjoyed only by certain categories of persons.

(eg, voting)

COMEIN

legal experts channel