F: HUMAN RIGHTS
1.
PROGRESS ON BILL OF RIGHTS?
Governor announced in his speech to LegCo on 11 October that a
Bill would be published for public consultation by the end of the
year and draft legislation introduced by JUly 1990.
Will enshrine fundamental rights and procedures currently enjoyed
in Hong Kong and will give clear effect in local law to relevant
provisions of International Covenant on Civil and Political Rights.
Will continue after transfer of sovereignty. This means that if
anyone believes their civil or political rights, as defined in
Covenants, have been violated, they will be able to seek redress in
local Courts.
2. WHY WILL PROVISIONS OF COVENANT ON ECONOMIC, SOCIAL AND CULTURAL
RIGHTS NOT BE EMBODIED IN BILL OF RIGHTS?
Social and
The Provisions of International Covenant on Economic,
Cultural Rights are in form of objectives to be achieved
progressively. Generally speaking. they are not justiciable
ie rights which individuals could easily enforce in the courts.
For this reason, not well suited for inclusion in a Bill of
Rights designed to give right of direction action in courts.
Obiectives of Covenant will be implemented through existing
legislation and policies.
3.
HUMAN RIGHTS VIOLATIONS IN CHINA NULLIFY ATTEMPTS TO PROTECT
HUMAN RIGHTS IN HONG KONG
Can well understand this concern. But basic principle that lies
behind Joint Declaration is that Hong Kong should have its own laws
and its own systems quite separate from those of China. These
provisions fully reflected in draft Basic Law.
MAXAEL(3)
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