TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 209

f-

For decision

CONFIDENTIAL

on 26 September 1989

XCC (89) 128 Copy No..

20

MEMORANDUM FOR EXECUTIVE COUNCIL

A BILL OF RIGHTS FOR HONG KONG

THE PROBLEM

At the meeting held on 20 September 1989, Members considered memorandum XCC (89) 123, which made proposals on major points of principle concerning the form and content of a Bill of Rights.. Members requested that discussion of this paper should resume at the meeting to be held on 26 September 1989, and that additional information should be provided on existing

existing legislation which would be affected by the enactment of a Bill of Rights.

RECOMMENDATION AND ADVICE SOUGHT

2

It was recommended in memorandum XCC (89) 123, that 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 (paragraphs 7 to 9); ..

(b)

on

the Bill should take the form of a short ordinance giving the force of law to the provisions of the International Covenant Civil and Political Rights (ICCPR) as far as that is possible (paragraphs 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 (paragraphs 15 to 17);

(d) the Bill should be entrenched in order to make it paramount in the Laws of Hong Kong (paragraphs 19 to 20);

(e)

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

CONFIDENTIAL