TNAG-2174-FCO40-3111-Hong-Kong-Bill-of-Rights-1990 — Page 129

Ms Major, HKD

CONFIDENTIAL

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From:

35 Date:

HKD241/1 RECEIV

31 MAY 1990

DESK OF INDEX

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› CISTRY

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ROR 122

Paul Fifoot Legal Advisers

15 May 1990

Mr Burns, AUSS

Mr Paul, HKD

Mr Whomersley

Ms Barrett

See (137

HONG KONG BILL OF RIGHTS: COMPARISON WITH SPECIFIC PROVISIONS OF THE BASIC LAW

1.

£109

In my minute of 10 May, I noted that the relationship between the Bill of Rights and Articles 24-38 etc of the Basic Law required consideration. This is the subject of this minute.

2.

Chapter III of the Basic Law sets out a number of specific rights. Some of these overlap those provisions of the ICCPR which Hong Kong proposes to enact in its own Bill of Rights. Before looking at the extent of the overlap, however, there are two preliminary questions:

(i) the form in which the Basic Law expresses these

specific rights; and

(ii)

3.

the different ways in which the Basic Law and the Hong Kong Bill of Rights refer to those whom the rights are intended to benefit.

The specific rights conferred by Chapter III of the Basic Law are expressed in a great variety of ways (the numbers refer to the relevant articles in the Basic Law), eg:-

"Hong Kong residents shall be equal before the law": (25);

"shall have the right"; "shall have the freedom": 31, 32, 33, 34 and 35);

(27,

[a right] "shall be inviolable": (28);

"No-one shall be": (28);

".... shall be prohibited": (28);

".... shall be protected by law": (30 and 37);

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shall be free to

•

•

•

': (31).

CONFIDENTIAL