TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 10

(e)

Submission to ExCo

(£) Passage through LegCo

STAFFING AND FINANCIAL IMPLICATIONS

April 1990

May-July 1990

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It is too soon to be able to give an accurate assessment of the resource implications. Without doubt there will be extra demands on the Legal Department in advising on and overseeing its implementation, and in defending cases against the Crown. An increase in litigation is likely to have an impact on legal aid requirements and on the Judiciary.

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In some countries there have been established Human. Rights Commissions which play a part in the realization of human rights, particularly those which are not suitable for inclusion in a justiciable Bill of Rights. They may have a brief to advise the Government on legislative and administrative action designed to serve the protection of human rights and may also have legal powers to ensure compliance with human rights provisions which have a wide social impact such as laws guaranteeing equality of opportunity and treatment between the sexes and. between ethnic groups. They may also carry out education programmes designed to raise public awareness of human rights. Whether or not a Human Rights Commission is established, some similar functions will need to be carried out and will require additional resources.

PUBLIC CONSULTATION

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We propose preparing a draft Bill

a draft Bill as the basis for consultation, and allowing a two month period for discussion after publication. The amended text could then be submitted to this Council, and subject to its approval, introduced into the Legislative Council. (A similar exercise was carried out for the Commissioner for Administrative Complaints Bill 1987). At a later stage thought will need to be given to ways of heightening public awareness of the rights under the

Bill.

PUBLIC REACTION

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The question of a Bill of Rights for Hong Kong has been a subject of media interest for some time, and particularly since 4 June. A firm decision in principle to enact such a Bill will be generally welcomed by the community at large. However, there is concern in informed circles that China is not a signatory to the International Covenants and there will be doubts as to how much of a safeguard the Bill will provide post 1997. There have already been suggestions