TNAG-2169-FCO40-3106-House-of-Commons-Foreign-Affairs-Committee-inquiry-into-Hong-1990 — Page 48

the Basic Law. For example, Article 68 of the Basic Law makes a firm

commitment to democracy, where it states the ultimate aim is the election

of all members of the Legislative Council with universal suffrage, but

Article 22 of the Bill of Rights is a bit devious and, in fact, the

official explanatory memorandum states that Article 22 of the Bill of

Rights does not require the establishment of an elected Executive or

Legislative Council. How would you reply to that criticism?

(Mr Maude) I do not know the exact answer but I suspect

subject to confirmation

International Covenant,

-

and this is

that that simply reflects the wording of the

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32

the existing uk reservation to it. *

(Mr McLaren) That is right, yes.

Addit's tothe promine

(Mr Maude) The intention of the Bill of Rights is simply to enact into

Hong Kong law the effect of the Covenant.

Yes, my understanding

-

I do not

know whether this precisely reflects it but this can easily be checked - is

that Article 22 of the Bill of Rights simply reflects Article 25 of the

International Covenant 米

Yes

(checked)

55. But why does it state in the explanatory memorandum quite

specifically that Article 22 does not require the establishment of an

elected Executive or Legislative Council? This seems to be backtracking on

that rather firm commitment to democracy as enshrined in Article 68 of the

Basic Law?

(Mr Maude) No, because the Bill of Rights needs to be in operation in

Hong Kong before 1997 in such a way that it continues after 1997 as part of

the corpus of Hong Kong Law which is to endure after 1997 and, as we have

already discussed in some detail, there is not going to be full universal

suffrage in Hong Kong before 1997, nor for a few years after 1997. So

having something entrenched in Hong Kong law before and after 1997 which

made that great reform would be clearly inconsistent.

It is not

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Н.К.

* NB Next the un reservation is thet

The establishment & Courel in

an elected

32

Executive e

AA 22 does not

Legislative

require

But the effect of the reservation is not to prevect

that.