TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 222

File No...

CONFIDENTIAL

EXECUTIVE COUNCIL IECISION CN 26.9.89

A EILL CF FIGHTS FCK HONG KONG: XCC (89)128

COMMENTAFY

Page

(ä)

ΙΕ

()

(c)

DECISION

that

(a)

only

certain provisions of the International Covenant on Econoric, Social anc Cultural Rights (ICESCF) were to be included in the bill,

the Bill, there was a risk of cenigrating the importance of those not inclucec. In addition, there was a danger oi creating disputes within the community as to which provisions should be included in the Eill.

It was constitutionally and legally possible for a Bill of Fights in Hong Kong to provide wcre protection to individuals than was afforded by either tie ICESCR or the International Covenant

Civil

Political Rights (ICCPE).

and

а

Too long a period between enactment ΟΙ Bill and the date it could begin to override existing legislation, would dilute the political and public relations effect ot

such a Bill.

The Council ADVISED and the Governor CKDERED

Cill should be prepared along the fcllowing lines, which are in addition to those agreed at the Council meeting held on 20 September 1989 (mencrandum XCC (89)123 refers)

(i)

the provisions of the ICESCR should not be included in the

Bill, b should b

sther

b ;

seen by as (CA)

En by 10.89.

6x-10.89.

/and that this point would be made clear

in a policy statement accompanying the

introduction of the Bill;

Aji

(ii) the

be

to

Bill

should entrenched in orcer to make it paramount in the Laws of Hong Kong. Details as how this could be achieved should be worked out in due

course;

CONFIDENTIAL

/...