TNAG-2173-FCO40-3110-Hong-Kong-Bill-of-Rights-1990 — Page 83

Q.12

Exclusion of Article 1 of the ICCPR. HK people deprived of the right for self-determination?

A.12

UK Government entered

reservation in respect

Article 1. In any event, self determination option open to HK.

of was never an

Q.13

A.13

Q.14

A.14

Reservation in respect of article 25(b) of the ICCPR. What does that mean? HK people may not be

not be allowed to take part in elections?

Important to understand the concept of reservation. The UK Government only reserve the right not to establish elected Executive and Legislative Councils in Hong Kong. But this does not preclude the Hong Kong Government from developing representative government.

Equal and universal franchise for elections to the DBS and MCs was introduced in 1982 and direct elections to the legislature will be introduced in 1991.

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?

These are terms used in the ICCPR. 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

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 situation."

5(1) of the Bill incorporates the same language.

Clause

Q.15

Impact of Bill of Rights on legal system. assessment been made? Would the impact be such that "desirable" legislation will be overridden Prevention of Bribery Ordinance, Immigration Ordinance)?

Has an

A.15

£Ø 39HD

(e.g.

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. Bound by obligations contained in the Covenant. Most of our existing legislation and administrative practices are already compatible with the Covenant. [All of them ought to have been so since 1976.]

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.

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