TNAG-2169-FCO40-3106-House-of-Commons-Foreign-Affairs-Committee-inquiry-into-Hong-1990 — Page 49

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inconsistent with there being the ultimate aim expressed in the place where

for this purpose it ultimately matters, which is the Basic Law, the

ultimate aim of universal suffrage.

56. Could you tell us what progress has been made in reviewing

existing Hong Kong laws to identify possible breaches of the International

Covenants?

(Mr Maude) The Government in Hong Kong intend, as I understand it, to

suspend full implementation of the Bill of Rights for a short period after

enactment in order to avoid what would otherwise be rather destabilising,

effectively a legislative and operational vacuum where statutory law might

be found to be invalid, where there clearly might be a delay before it

could be replaced. The Hong Kong Government would use that freeze period

to review existing laws and to amend any which are inconsistent with the

Bill of Rights. They are still considering in Hong Kong the details of

that freeze period, but they believe they can identify the bulk of laws

which would need amendment in one year, or perhaps less.

57.

In April of this year Ji Peng Fei, the Director of the Chinese

Government's Hong Kong Affairs Office, is reported to have said that as far

as the Human Rights Bill is concerned it is said that this will be placed

above all other laws and that all other laws will have to be revised

according to the stipulations of the Human Rights Bill, and this will in

the event cast aside the Basic Law and will make the Basic Law invalid. So

this is certainly unacceptable. Ji Peng Fei said the British side recently

behaved very poorly in dishing out such things. How would you respond to

that?

(Mr Maude) I think that is based on a misunderstanding of the

position.

The Bill of Rights is intended to give effect directly in Hong

Kong law to the provisions of the International Convention. The Basic Law

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