A
-
- 5 -
Q.16
A.16
In practice always
commuted.
Freeze period intended to avoid an operational vacuum before a law which had been adjudged incompatible with the Bill of Rights could be replaced by an amended one which was compatible.
Death penalty. Retention to abolish death penalty?
contravene the ICCPR? Any plan
The Bill of Rights repeats the wording of the Covenant in stating that
that the death penalty may only be imposed for the most serious crimes. No plan to abolish penalty in HK for the time being: A Situation will be reviewed from time to time in the light of public opinion.
Q.17
Review of
A.17
-
legislation. Does it cover
peaceful assembly) [Societies
[Public Order
Ordinance
Ordinance freedom of association] [Film Censorship Ordinance freedom of expression), etc, etc?
Aim of the review is to identify any existing legislative provisions which may not be fully compatible with ICCPR. To this extent, existing provisions
provisions having bearing on [peaceful assembly, etc] will be reviewed.
the
a
Q.18
Review Of existing legislation. time-table?
Progress?
Any
A.18
Q.19
A.19
Q.20
A.20
Q.21
A.21
Aim of course is to deal with the doubtful provisions as soon as possible and in any event within the limited freeze period. [To note that the freeze period does not apply to administrative practices, etc.]
Will VBP's be able to make challenges to their conditions of detention/mandatory repatriation as a breach of the
Bill?
The Bill of Rights will apply to VBPS as it will apply to anyone else in Hong Kong. But we would not envisage that existing procedures for screening and accommodating VBPS would be generally affected.
What will be the position for Chinese Illegal Immigrants?
The Bill of Rights will also apply to
will also apply to Chinese illegal immigrants. Again existing policies and procedures for returning illegal immigrants would not be generally affected.
External supervision after 1997. [Extension of Optional Protocol to HK?]
What can be done?
The two Covenants are international agreements, Their continued application to HK beyond 1997 is required by the J.D. The way
in which this will be achieved is a matter for the JLG
under JD 156 and JD *178..
CONFIDENTIAL
ÞO 398d
ZIT SI-E 06.
ун SNOн In09 000
No comments yet.
Private notes are available after approval.