TNAG-2169-FCO40-3106-House-of-Commons-Foreign-Affairs-Committee-inquiry-into-Hong-1990 — Page 50

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

in any event provides for those provisions to be applied. All the Bill of

Rights does, both before 1997 and after 1997, is to give direct effect to

rights which exist anyway because of Hong Kong being a signatory to or

subject to the Convention, and after 1997 being provided for in the Basic

Law. So I think it is based on a misunderstanding of what the Bill of

Rights is intended to achieve. It is simply intended to import into Hong

Kong law, say, both before and after 1997 the detailed provisions of the

Convention.

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58.

Mr Rowlands

What objections will the Chinese have to the enactment of this

Bill of Rights?

(Mr Maude) It is open for the Chinese to comment on the provisions.

It has been going through a consultation procedure and

59.

Then they have no veto on this, you will proceed with this?

(Mr Maude) It is going to be subject to amendment and perhaps

amendment in the Legislative Council, but it is a piece of Hong Kong

legislation which is going to go through the Hong Kong legislative process.

60.

Mr Lawrence

But if Article 39 of the Basic Law makes provision for the

International Covenant on Civil and Political Rights and the International

Covenant on Economic, Social and Cultural Rights and labour conventions to

be part of the laws of the Hong Kong Special Administrative Region, what

actually is the purpose of the separate Bill of Rights?

(Mr Maude) The purpose of it is to import those provisions directly

into Hong Kong law.

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