TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 84

A

For decision

on 9 January 1990

THE PROBLEM

To

CONFIDENTIAL

HKD 2411

RECENF IN REGISTRY

L

JTD 1990

MEMORANDUM FÖR EXECUTIVESUNCIL

A BILL

RIGHTS

Action Taken

A BILL OF RIGHTS FOR HONG KONG

XCC (90)1 40

Copy No...

18.

J's Major

Issential receding!

agree a draft Bill of Rights, as the basis for

public consultation.

RECOMMENDATION AND ADVICE SOUGHT

2

It is recommended that

Au v uscht.

pa BOR.

PM 12/1

(a) the Bill together with a commentary (both at

(b)

Annex A), be approved for issue as a

consultation document; and

following a two-month public consultation period, a final Bill be prepared for resubmission to Members and, subject to their approval, introduction into the Legislative Council.

3

Members will be asked to advise whether this recommendation should be approved.

BACKGROUND AND ARGUMENT

4

At meetings held on 20 and 26 September 1989, the Council ADVISED and the Governor ORDERED that, in principle, the drafting of a Bill of Rights for Hong Kong should proceed. was agreed that the Bill should -

(a) be a statement of rights capable of being protected and enforced by an individual through action in the courts;

(b)

(c)

(a)

the

take the form of a short Ordinance giving the force of law to

provisions of the International Covenant on Civil and Political Rights (ICCPR), as far as that is possible;

allow a specific period after commencement during which it would not override existing legislation.

The duration of this period should be further studied and a re-submission made to the Council;

not include the provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR), and

CONFIDENTIAL

It