TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 28

Q.7

CONFIDENTIAL

3

3

Use of such terms as "national security" and "life of the nation" in public emergencies. Why? Would the Chinese be able to claim that unrest in the mainland is a reason to curtail freedom in HK?

A.7

Essential that the Bill of Rights is consistent with the JD and BL. Little point to pass a Bill which would cease to have force upon the establishment of the SAR. Important therefore to make the Bill's substance fully consistent with the ICCPR as applied to HK. We have therefore followed the wording of ICCPR. Interpretation of the terms will be a matter for the courts.

Article 4(1) of the Covenant only allows derogations "to the extent strictly required by the exigencies of the

Clause 5(1) of the Bill incorporates

situation."

same language.

the

Q.8

Supremacy. In what way will the Bill of

of Rights be supreme?

A.8

The

Bill

of Rights will

inconsistent legislation and

override pre-existing administrative practices

upon its enactment. [This is normal for new legislation but] rarely does a single piece of legislation have such far-reaching consequences. The Bill is not

not entrenched however SO it can, as a matter of law, be repealed ΟΙ amended in the ordinary way. However, the legal status of this Bill as legislation which implements an international agreement, together with clause 4 of the White Bill, and

Bill, and a public statement that the Government would not contemplate introducing any legislation which would be inconsistent with the Bill of the Rights, will mean that the courts and the executive will not treat it as an ordinary ordinance.

CONFIDENTIAL