TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 31

0.13

A.13

CONFIDENTIAL

6

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Has an

Impact of Bill of Rights оп legal system. assessment been made? Would the impact be such that "desirable" legislation

overridden (.e.g Prevention of Bribery Ordinance, Immigration Ordinance)?

Mar

will be

Governor has referred to strong support in the community for freedoms to be embodied in a Bill of Rights.

The ICCPR has been applied to Hong Kong since 1976. Hence we are bound by obligations contained in the Covenant. Most of our existing legislation and administrative practices

practices are already compatible with

All of them ought to have been

the Covenant.

since 1976.

So

a start has been made on the review of existing legislation. Too early to be specific about the

impact of the Bill of Rights on it.

Freeze period intended to avoid an operational vacuum before law

a

which had been adjudged incompatible with the Bill of Rights could be replaced by an amended one which was compatible.

Q.14

A.14

Death penalty. Retention contravene the ICCPR? Any plan to abolish death penaty?

Retention of death penalty not inconsistent with the ICCPR. However, HKG are aware of the concerns of the human rights lobby. These and other public opinion will be taken into account in any future review of this area of law.

CONFIDENTIAL