TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 189

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Annex B

For decision

CONFIDENTIAL

on 1 September 1989

20

istnet fo

XCC (89) 123 Copy No.

201

MEMORANDUM FOR EXECUTIVE COUNCIL

A BILL OF RIGHTS FOR HONG KONG

THE PROBLEM

There is a need to agree on the major points principle concerning the form and content of a Bill Rights, to enable legislative drafting to proceed.

RECOMMENDATION AND ADVICE SOUGHT

2

of

of

It is recommended that a Bill should be prepared along the following lines -

(a) the Bill should be a statement of rights which are capable of being protected and enforced by an individual through action in the courts (paras. 7 to 9);

the

on

(b) the Bill should take the form of a short ordinance giving the force of law to provisions of the International Covenant Civil and Political Rights (ICCPR) (paras. 11 to 13);

(c)

the provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR) should not be included in the Bill, but should be given effect by other measures (paras. 15 to 17);

(a) the Bill should be entrenched in order to

make it paramount in the Laws

in the Laws of Hong Kong (paras. 19 and 20);

(e)

(£)

the Bill should allow a specified period after commencement during which it will not override existing legislation (paras. 21 to 23);

where an alleged violation of a provision of the Bill is the subject of an action (e.g. a claim for damages in respect of an infringement of a

of a specific right), the case should be tried only in the High Court (para. 26);

PONEIDЕЛІТІЛІ