TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 223

Page

(b)

(c)

H. (Cont'ċ)

(iii) the duration of the period

to

be

allowed

commencement of tlie

after

Bill,

during which it would not

cxisting

be

and. Ε

legislation, should

override

further

Council;

studied

re-submission macc tc the

in general terms,

the following technical details were likely to be acceptable but a formal decision should await publication of and reaction to, the White Eill -

(i)

(ii)

(iii)

(iv)

where an alleged violation cí a provision of the Eill is the subject or an action (e.g. â clair for damages

respect

in

an

cf infringement of 2 specific right), the case should be tried only in

Court;

any case in the which a point

the

Bill

incidentally

the High

Course of relating to

arises

(e.g.

challenging the lawfulness arrest in the course

of an

of a criminal trial) should be dealt with by the court in which the case is being tried;

аг action under the Bill may be brought by any "affected" person;

an action under the Bill may be brought against any body or individual, private or public; and

a submission should be made to the Council, highlighting the arguments for and against the establishment of Human Rights Commission in Hong Kong.

24

a

Clerk of Councils